Prince Harry’s immigration status was scrutinized in a federal court on February 5, 2025, now that Donald Trump has reassumed the presidency. The case hinges on whether Harry’s self-confessed drug use should have prevented him from entering the United States.

The conservative Heritage Foundation’s lawsuit against the Department of Homeland Security(DHS) seeks to make Harry’s visa records public, questioning whether he disclosed past drug use admitted to in his memoir “Spare.” The DHS has argued releasing the documents would violate Harry’s privacy rights. 

The Heritage Foundation’s legal pursuit began after Harry’s revelations in “Spare” about using cocaine, cannabis, and psychedelics. Immigration law requires visa applicants to disclose drug use, with false statements potentially resulting in visa revocation and deportation. “No one was and is truly above the law,” the foundation stated in its court filing.

A federal judge on February 5 suggested he is “likely” to make public Prince Harry’s immigration records following the initial hearing in the prince’s high-profile case, which dates back to President Donald Trump’s first administration.

During Wednesday’s hearing in Washington, D.C., U.S. District Court Judge Carl J. Nichols stated that Harry’s records should be disclosed “to the maximum extent possible.” He explained that his obligation is to release everything that can legally be shared while ensuring compliance with privacy laws.

Nichols added that the process would be conducted in phases, allowing the government to recommend specific redactions.

“It must be rather awkward having a President of the United States whom Meghan has openly criticized and who has the power to throw Harry out of the country if his visa application was proved to be fraudulent,” former BBC royal correspondent Jennie Bond told The Mirror. 

Trump’s campaign statements have intensified concerns. During recent rallies, he specifically mentioned Harry’s case, suggesting the prince received preferential treatment during the visa process. Trump vowed to examine Harry’s immigration records if elected, stating that admission of drug use typically results in visa denial. 

The tension stems partly from Meghan’s past criticism of Trump as “misogynist” and “divisive,” as well as the couple’s 2020 video urging Americans to “vote against hate speech.” 

In September 2024, a federal judge ruled Harry’s visa records would remain private, citing his “reasonable privacy interest.” However, the Heritage Foundation has filed a new motion to overturn the ruling and called on President Trump to intervene to release the records. 

The situation is particularly delicate given Harry’s family ties to the United States. His wife Meghan is American, and their children, Archie and Lilibet, have dual citizenship. Despite these connections, Trump has stated he would pursue deportation if evidence of visa application fraud emerged. 

Legal experts note that any visa revocation would likely face significant challenges in court, given Harry’s family ties and substantial business investments in the U.S. The prince has established numerous charitable foundations and business ventures since moving to California in 2020. 

The visa scrutiny has reportedly affected the Sussexes’ travel plans. Sources indicate Harry postponed international trips until after the February 5th court hearing, focusing instead on U.S.-based projects. His legal team has argued that his charitable work and business investments, including the Invictus Games Foundation’s U.S. operations, contribute significantly to American society. 

The DHS maintains that releasing Harry’s visa records could compromise national security protocols and set a concerning precedent for high-profile immigrants. Government lawyers argue that the status of public figures should not override standard privacy protections in immigration matters.

“You could say that it’s squeaky bum time for the Sussexes, but the fact is that the most powerful man in the free world probably has more to think about than the residency rights of an estranged Prince of the United Kingdom,” Bond added. 

Bond believes that Harry will remain in California despite these challenges: “I still think that Harry is intent on carving out a future for himself and his family in California. Once you have children, and they start school, the roots that you have established grow far more quickly.”