- The U.S. State Department has kept 18 documents private, which are connected to the Duke of Sussex.
- The department will continue reviewing more documents in relation to the Freedom of Information Act case related to his visa and past drug use.
- The first interim production identified 18 documents - all of which have been withheld - while the department continues to review a further 289 documents.
- The next joint status report is scheduled for October 13.
- The Heritage Foundation originally took the Department of Homeland Security to court over Harry's visa records, citing his drug use admissions in his memoir Spare.
- Judge Carl Nichols ruled that Harry's right to privacy was more important than the public's interest in his records.
- Following that, lawyers filed a new case against the State Department last year, asking them to release all other documents about the Duke of Sussex, excluding the actual visa records.
The U.S. State Department has withheld 18 documents related to Prince Harry's visa as part of an ongoing Freedom of Information Act dispute initiated by the Heritage Foundation. The conservative think tank is also reviewing an additional 289 documents concerning Harry's past drug use and immigration status.135
The Heritage Foundation originally took the Department of Homeland Security to court, arguing that Harry's past substance abuse should have barred him from entering the U.S. However, the case was dismissed by Judge Carl Nichols, who ruled that Harry's right to privacy outweighed public interest in the records. "The Court agrees that the Duke's privacy interest outweighs any public interest, and therefore grants Defendant's Motion for Summary Judgment," Nichols stated.6
Undeterred, the Heritage Foundation filed a new case against the State Department, seeking all documents related to Harry, excluding the actual visa records. They contend that Harry would have faced questions about prior drug use on his visa application forms, which could have rendered him ineligible for admission without special dispensation.78
Despite the ongoing legal battle, immigration experts suggest that the latest FOIA request is unlikely to reveal Harry's private immigration information, as officials deem the records ineligible for release. However, the government is expected to release additional documents that could shed light on how officials handled Prince Harry's case.
In a related note, Donald Trump commented on the situation during a 2024 interview, stating, "We'll have to see if they know something about the drugs, and if he lied they'll have to take appropriate action." Yet, after winning the presidency, Trump opted against taking any action, saying, "I'll leave him alone. He's got enough problems with his wife. She's terrible."
“The Heritage Foundation's original case against the Department of Homeland Security ended in defeat after Judge Carl Nichols ruled Harry's privacy outweighed public interest. The think tank then filed a new case in 2025, and the next status report is due October 13.”
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