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19 Mar 2025 14:32
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  •   Home > News > International

    Prince Harry's visa records are going to be released as claims swirl about past drug use. Here's what we know

    A federal judge ordered the release of Harry's visa records, which could reveal if he disclosed prior drug use before he came to the US.


    A US court has ruled that files relating to Prince Harry's US visa application must be made public this week.

    The Duke of Sussex's reference to drug use in his memoir prompted a conservative think tank to question why he was allowed in the US, with questions about his admissions of past drug use being raised in relation to his visa.

    Here's what we know.

    Why have questions been asked about Harry's US visa?

    Harry moved to the US five years ago with his wife, Meghan, and their son Archie. Their daughter Lilibet was born in the US.

    In 2023, he published his memoir, Spare, in which he admitted to taking drugs including cocaine, marijuana and psychedelic mushrooms while as a teenager and adult.

    "It wasn't much fun, and it didn't make me particularly happy," he wrote of his cocaine use.

    "But it did make me feel different, and that was the main goal."

    Royal commentator Juliet Rieden said Harry's admission about his younger years had backfired.

    "While that honest revelation may well have sold books, it also put a target on his back in the US where he now lives and works," Rieden told the ABC.

    When foreigners obtain US visas, they are asked on the immigration form about any history of drug use or drug-related offences.

    Past drug use may be considered grounds to deny a US visa application.

    So this led to questions about what Harry answered on the form.

    Why are the documents being made public?

    The lawsuit was filed by US conservative think tank Heritage Foundation under the Freedom of Information Act.

    The foundation argued that media coverage of Harry's admitted drug use called into question whether the royal lied on his immigration paperwork, or whether he had received special treatment to enter the US.

    They said there was "intense public interest" in knowing whether the Duke had been truthful.

    But in September 2024, District Judge Carl Nichols declined the request.

    "He said there wasn't enough public interest in such an imposition of privacy and that seemed to be the end of it," Rieden said.

    "But the Heritage Foundation appealed and the same judge recently changed his ruling. Hence the soon-to-be-released redacted documents, which could be very tricky for Prince Harry."

    The Heritage Foundation spearheaded Project 2025 and has been critical of other stories.

    Most recently, the foundation claimed Biden used an autopen to sign pardons during his presidency, which they allege makes his actions invalid.

    US President Donald Trump has now also claimed the pardons have no force.

    What are the rules on US visas and drug use?

    Application forms for US visas do ask about current and past drug use.

    The specific questions listed on the form are:

    Are you or have you ever been a drug abuser or addict?

    Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?

    The US Department of State says:

    "An applicant's current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa".

    The US Citizenship and Immigration Services' official policies say that visa applicants "who are found to be drug abusers or addicts" are inadmissible.

    While drug use does not automatically result in a denial of a US visa, it's a factor that immigration officials consider when evaluating an applicant's eligibility.

    It's also unclear what type of visa Harry is in the US on.

    "There is an A1 special visa in the US which is sometimes used for heads of state and royals that some media outlets have posited Harry could have been processed with," Rieden said.

    "If so, he may never have been asked about past drug use."

    When will the documents be released?

    The Department of Homeland Security has until the end of Tuesday (local time) to comply with the federal judge's order to release Harry's immigration records.

    "Those redactions appearing appropriate, the government is ordered to lodge on the docket the redacted versions of those documents no later than March 18, 2025," Judge Nichols ruled.

    What has Harry said?

    Nothing.

    In an interview with the New York Times in December, the prince said he "very much enjoys living here and bringing up his kids here".

    Could Harry actually lose his visa?

    We don't know.

    It'll likely all depend on whether the revealed documents show if he lied or not on the application.

    Mr Trump's remarks on the issue have been vague.

    "Before he was elected president in March last year, in an interview with UK politician Nigel Farage, Trump said that Harry should not receive special treatment and 'appropriate action' would be taken if he did, in fact, lie on official documents," Rieden said.

    But in February, as president, he told the New York Post that he won't seek to have Harry removed from the country.

    "I don't want to do that," he said.

    "I'll leave him alone. He's got enough problems with his wife. She's terrible."

    Rieden believes if he is thrown out of the States, it would be "bad news for the Sussex family, who have made their home in Montecito, especially considering the launch of Meghan's new business".

    © 2025 ABC Australian Broadcasting Corporation. All rights reserved

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