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US government faces court over Prince Harry's visa after drug admissions

Harry Meghan - Reuters
Harry Meghan - Reuters

The US government will appear in court next week to answer questions over Prince Harry’s visa application, after he detailed his drug use in his tell-all memoir.

The case has been brought by the conservative think tank the Heritage Foundation, which is demanding the release of the Duke of Sussex’s American visa application.

The US government has so far refused to release it, despite a freedom of information request.

A federal judge in Washington will hear arguments from the Department of Homeland Security (DHS) and the Heritage Foundation on Tuesday, June 6, deciding whether to compel officials to release the Duke’s immigration records to the public.

The hearing is the first of what is likely to be many more motions and hearings. Judge Carl J Nichols, appointed to the court by Donald Trump, is expected to make a written statement at a later date.

Nile Gardiner, director of the Margaret Thatcher Centre for Freedom at the Heritage Foundation, said the hearing was a “very significant development”.

“It significantly raises the stakes here,” he told the Telegraph. “I think that so far the Biden administration has been stonewalling the freedom of information request. But ultimately, this issue will be settled by a federal judge.”

Earlier this year, a leading immigration expert told The Telegraph that the Duke should have been denied residency in the US if he failed to disclose his drug use and could see it revoked if he “lied”.

Meghan and Harry at a basketball game in Los Angeles - Getty
Meghan and Harry at a basketball game in Los Angeles - Getty

Anyone seeking to settle either temporarily or permanently in the US must answer questions about their history of drug use when applying for a visa or permanent residency.

US immigration laws state that any foreigner “determined to be a drug abuser” is classed as “inadmissible”, although immigration officials can use their discretion to waive the rule.

The Duke admitted in his autobiography Spare - and in television interviews promoting it - to taking cocaine, cannabis and magic mushrooms in the past.

He also described taking magic mushroom chocolates - illegal in the US - at a party at the Los Angeles home of Courtney Cox, the actress from the series Friends, in 2016.

Sources close to the Duke have previously indicated that he was truthful on his visa application, suggesting that he did disclose his past drug use.

Meghan Harry - Netflix/PA Wire
Meghan Harry - Netflix/PA Wire

However, the Heritage Foundation has argued that it is in the public interest for the authorities to divulge what the Duke said on his application, and the details of any waiver he was granted, including the identity of the person making the decision.

“The American people deserve answers to the serious questions raised by the evidence. Did DHS in fact look the other way, play favourites, or fail to appropriately respond to any potential false statements by Prince Harry?” the think tank said in a statement on Tuesday.

A source close to the Duke and Duchess of Sussex previously said that Harry had been truthful on his visa application, but would not be drawn on the extent to which he detailed his drug taking.

Mr Gardiner told The Telegraph: “It’s in the public interest for the American people to know exactly what was in Prince Harry’s immigration application. And if he has nothing to hide he should support the release of the records.”