Prince Harry’s immigration status in the United States is set to come under judicial review with a federal judge scheduling a hearing for February 5 in Washington, D.C.
The case, initiated by the conservative Heritage Foundation, seeks the public release of the Duke of Sussex’s visa records over his past admissions of drug use.
The development marks the first significant legal step since the case was revived, now unfolding under the presidency of Donald Trump, who has previously been critical of Prince Harry.
The think tank argues that the Duke may have misled immigration authorities about his drug use or received preferential treatment when securing his U.S. visa.
The lawsuit stems from Harry’s revelations in his memoir Spare, where he disclosed past drug use, including marijuana and cocaine. The Heritage Foundation maintains that such admissions should have affected his visa application and has called for transparency regarding the process.
Government attorneys, however, have opposed the release of the records, citing privacy concerns. Legal experts suggest that while immigration documents are typically confidential, the case could set a precedent for high-profile applicants.
Former U.S. President Trump has not directly commented on the latest proceedings but previously criticised Harry, stating in 2024, “I wouldn’t protect him. He betrayed the Queen. That’s unforgivable.”
Nile Gardiner, director of the Heritage Foundation’s Margaret Thatcher Center for Freedom, has indicated that his organisation may push for presidential intervention.
“I’ll be urging the president to release Prince Harry’s immigration records, and the president does have that legal authority to do that,” he said.