Prince Harry’s U.S. Immigration Files Unsealed After Legal Challenge amid Memoir’s Drug Use Disclosure
The Duke of Sussex’s immigration records are under a hot spotlight
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Prince Harry’s United States visa records were made public as part of a Freedom of Information (FOI) request.
Judge Carl Nichols ordered the U.S. Department of Homeland Security to release the redacted versions of the documents in March 15 court filings, according to ITV. This came after Judge Nichols said in September that there was no public interest in the disclosure of the files, a decision the Heritage Foundation pressed to change.
The FOI request was made in May 2023 by the Heritage Foundation, which questioned how Prince Harry, 40, was able to immigrate to the U.S. in 2020 in light of revelations in his 2023 memoir, Spare, about his admitted use of illegal drugs. The policy manual of the U.S. Citizenship and Immigration Services states, “Applicants who are found to be drug abusers or addicts are inadmissible.” However, applicants who are classified as drug abusers or addicts “can apply again for an immigration benefit if his or her drug abuse or addiction is in remission.”
The set of exhibits released on Tuesday, March 18, were heavily redacted. They did not include Prince Harry’s visa application itself.
PEOPLE has reached out to a representative for the Duke of Sussex for comment.
In his memoir, Prince Harry wrote about trying cocaine at age 17, smoking marijuana and taking psychedelic mushrooms.
The Duke of Sussex and his wife, Meghan Markle, moved to her home state of California in 2020 after stepping back from their royal roles in the U.K. and have resided there since with their children Prince Archie, 5, and Princess Lilibet, 3. While the Duchess of Sussex, 43, is a U.S. citizen, the BBC previously reported that it is “unclear what type of visa Prince Harry is in the U.S. on.”
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According to Time, the DHS denied the FOI request in June 2023 and asked for the case to be dismissed, arguing that immigration records are traditionally exempt from FOIA.
The Telegraph reported in February 2024 that lawyers for the Biden administration also pushed back against the request, arguing that visa applications are “private personal information.” The outlet reported that John Bardo told the court, “Saying something in a book doesn’t necessarily make it true.”
In February 2024, President Donald Trump told the Daily Express that he “wouldn’t protect” Prince Harry regarding scrutiny around the confidential shroud around his immigration status. “I wouldn’t protect him… He would be on his own if it was down to me,” Trump added.
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In an interview that aired on Good Morning America last year, Prince Harry said he’s “considered” becoming a U.S. citizen.
The Duke of Sussex spoke with GMA‘s Will Reeve during the Invictus Games’ One Year to Go celebration in Canada in February 2024. Reeve asked how he was enjoying life in the U.S., and Harry replied, “It’s amazing. I love every single day.”
Reeve asked Prince Harry if he felt American, to which he laughed and said, “Do I feel American? Um, no. I don’t know how I feel.”
The Duke of Sussex said he had “considered” becoming a U.S. citizen, but it wasn’t a “high priority.”
“I’m here standing next to this with these guys and the American citizenship is a thought that has crossed my mind but certainly not something that is a high priority for me right now,” Harry said, emphasizing his focus on the Invictus Games countdown event then.
If the Duke of Sussex were to become a U.S. citizen, he may have to give up his royal titles, the U.S. Citizen and Immigration Services states.
“Any applicant who has any titles of heredity or positions of nobility in any foreign state must renounce the title or the position. The applicant must expressly renounce the title in a public ceremony and USCIS must record the renunciation as part of the proceedings,” the agency’s policy manual guides. “Failure to renounce the title of position shows a lack of attachment to the Constitution.”
When taking the Oath of Allegiance, those with titles must state, “I further renounce the title of (give title or titles) which I have heretofore held” or “I further renounce the order of nobility (give the order of nobility) to which I have heretofore belonged.”
Harry’s US visa records unsealed after drug claims
Documents relating to the Duke of Sussex’s US visa application have been unsealed in court.
They are heavily redacted, however, and no details have been given as to what Prince Harry put on his immigration form.
A US court had ordered the release of the documents based on a freedom of information request by the Heritage Foundation, a conservative US think tank in Washington DC.
The foundation alleges that the prince concealed his past use of drugs, which should have disqualified him from obtaining a US visa.
The allegations centre around his claims in his memoir Spare, where he referred to taking cocaine, marijuana and psychedelic mushrooms.
Application forms for US visas specifically ask about current and past drug use.
Admissions of drug use can lead to non-immigrant and immigrant visa applications being rejected, although immigration officers have discretion to make a final decision based on different factors.
In the event, very little information was disclosed in the documents which were released on Tuesday.
The prince’s visa form has not been released.
Instead, the documents that were released are supporting declarations and court transcripts created in the course of Heritage Foundation’s case.
They reveal that the US government previously told a court that the duke could be subjected to harassment if his visa records were made public.
A chief freedom of information officer within the US Department for Homeland Security (DHS) could be seen to argue that releasing the material “would potentially expose the individual to harm from members of the public”.
The declaration from Jarrod Panter, submitted to the court in April last year, reads: “The USCIS (United States Citizenship and Immigration Services) routinely protects from disclosure the non-immigrant/immigrant status sought by third parties who do not have permission from the beneficiary to receive this information.
“To release such information would potentially expose the individual to harm from members of the public who might have a reason to manipulate or harass individuals depending on their status in the United States.”
The declaration added: “To release his exact status could subject him to reasonably foreseeable harm in the form of harassment as well as unwanted contact by the media and others.”
Sam Dewey from the Heritage Foundation told the BBC that he believes the DHS has not provided all its papers. He said he is “frustrated” and that this is “not the end of the road”.
Dewey expects the next move to be a “sort of filing” that could lay out the next steps, adding: “We may well have another lawsuit against Department of Homeland Security.”
He accuses the prince of privilege, alleging he has benefitted from his “wealth and status” by being allowed to live in the US.
‘It wasn’t much fun’
In his controversial memoir, published in January 2023, Prince Harry wrote that he first tried cocaine at the age of 17.
“It wasn’t much fun, and it didn’t make me particularly happy, as it seemed to make everyone around me, but it did make me feel different, and that was the main goal,” he added.
He also wrote about using marijuana, saying “cocaine didn’t do anything for me”, but “marijuana is different, that actually really did help me”.
Cocaine is a highly addictive drug, with a range of short and long-term effects, according to the NHS. Marijuana (cannabis) can make some existing mental health symptoms worse and has been linked with the possible development of mental health issues.
The court’s decision that the files be released came after a 2024 ruling which said there was not enough public interest in disclosing Prince Harry’s immigration records.
The Heritage Foundation contested that ruling and pushed for the judgement to be changed.
Prince Harry moved to the US with his wife Meghan in 2020 after stepping down as a working royal. It is not clear what visa he entered the country on, while the duchess is a US citizen.
President Donald Trump previously ruled out deporting Prince Harry in February, telling the New York Post: “I’ll leave him alone… He’s got enough problems with his wife. She’s terrible.”
Meghan has been a vocal critic of Trump in the past, labelling him a “misogynist”.
The BBC has contacted the duke’s office for comment.
Trump rules out deporting Prince Harry: ‘He’s got enough problems with his wife’
“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.”
Trump took the opportunity to praise Harry’s estranged older brother William, with whom he met privately in Paris in December during the reopening ceremony of Notre-Dame Cathedral.
“I think William is a great young man,” he said.
The Duke of Sussex and his liberal American wife Meghan Markle have voiced disapproval of Trump over the years, including one outburst in which the Duchess called the president “divisive” and “misogynistic.”
Trump in turn has described Harry as “whipped” by Markle.
“I think poor Harry is being led around by the nose.”
Why did Harry and Meghan leave the Royal Family, and where do they get their money?
A US court has ordered officials to release Prince Harry’s immigration files as a row brews over his previous drug use.
The Duke and Duchess of Sussex left the UK after stepping back from official royal duties in 2020.
The couple have since launched various commercial ventures, including several television series for Netflix and a new lifestyle brand headed by the duchess, Meghan Markle.
Why did Harry and Meghan leave the Royal Family?
Harry and Meghan met in 2016 and married in 2018. They stepped down as senior royals in January 2020.
Angry about media intrusion, they were frustrated that Buckingham Palace prevented them developing their “SussexRoyal” brand.
Harry remains a prince and is fifth in line to the throne.
The couple kept their Duke and Duchess of Sussex titles, but are no longer addressed as His or Her Royal Highness (HRH). Harry also gave up his military titles.
When Harry’s father, Charles, became King, the couple’s two children became Prince Archie and Princess Lilibet of Sussex.
Where do Harry and Meghan live?
Harry and Meghan moved to California in June 2020, saying they wanted space to raise Archie. Lilibet was born there in 2021.
In April 2024, documents filed to Companies House listed the US as the country where Harry is usually resident.
The couple no longer have an official UK residence.
In early 2023, they were asked to vacate Frogmore Cottage, a Grade-II listed property on the Windsor estate.
Carly b. talbotConservative US think tank The Heritage Foundation has repeatedly raised questions about Harry’s US immigration status because of his previous comments about taking cocaine, marijuana and psychedelic mushrooms.
It wants to know whether he disclosed his drug use in his US visa application. Drug use can lead to applications being turned down, although officials have discretion to consider any such disclosure alongside other factors.
In September 2024, US judge Carl Nichols ruled Prince Harry’s visa application should remain private, but the Heritage Foundation contested that and pushed for the judgement to be changed.
The judge subsequently ordered the Department of Homeland Security to release the files by the end of Tuesday, 18 March.
Do Harry and Meghan still come to the UK?
Prince Harry has returned to the UK several times during his various court cases against newspaper publishers.
He made a rare public appearance in London in September 2024 for the WellChild awards, celebrating the bravery of children and young people with serious illness or disability.
But before that, he had not been in the UK since attending a memorial service for his uncle, Lord Robert Fellowes, in Norfolk in August 2024.
The Prince of Wales was also there, although the brothers reportedly did not speak to each other.
In May 2024, Harry attended a service at St Paul’s Cathedral in London to celebrate the 10th anniversary of the Invictus Games, the sporting competition for injured servicemen and women which he helped found.
He did not see his father Charles or his brother during the visit.
In February 2024, he flew back for a 45-minute meeting with Charles after Buckingham Palace announced that the King was being treated for cancer.
The duke and duchess both returned to the UK for the late Queen’s Platinum Jubilee in June 2022, and her funeral in September of that year.
Harry attended his father’s coronation in May 2023, without Meghan.
How do Meghan and Harry earn their money?
As working royals, they received 95% of their annual income from Harry’s father, then Prince of Wales. The taxpayer-funded Sovereign Grant made up the other 5%.
When they stepped down as senior royals, King Charles gave them “a substantial sum” to help establish their new life.
Harry and Meghan set up the Archewell charitable foundation, and entered into a number of commercial arrangements with private companies.
In February 2024 the couple launched their Sussex.com website, which said they were “shaping the future through business and philanthropy”.
Rebranding the new brand
In March 2024, Meghan launched what appeared to be a new lifestyle brand, American Riviera Orchard, named after a term used to describe the Santa Barbara area where she and her family live.
American Riviera Orchard/InstagramInitial details were limited, but in April 2024, pictures of branded jam jars circulated on social media, suggesting it might sell food products.
In February 2025, the Duchess announced the brand had been renamed “As Ever”, with jam, tea, “cookie mixes”, and flower sprinkles listed for sale on its website.
Television
The Sussexes’ media company, Archewell Productions, makes programmes for the Netflix streaming service under a deal thought to be worth millions of dollars.
In April 2024, Archewell said two new series were in production, one celebrating “the joys of cooking and gardening, entertaining, and friendship”, and another exploring the world of professional polo.
Polo was broadcast in December 2024.
With Love, Meghan – which Netflix described as a lifestyle show, blending “practical how-tos and candid conversation” – began on 4 March.
A second series will be broadcast in autumn 2025.
- All smiles in Meghan’s upbeat Netflix series
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- Meghan Markle: The wellness guru she could have been
The couple previously featured in the Harry and Meghan documentary series, where they talked about life in the Royal Family, and in The Heart of Invictus series, which discussed the duke’s emotional “unravelling” after military service in Afghanistan.
Podcasts
Archewell also made podcasts for Spotify under a contract thought to be worth $25m (£19.7m).
This included a series called Archetypes, which featured the duchess in conversation with other well-known women.
The arrangement ended in June 2023.
In February 2024, Meghan announced a new podcast deal with Lemonada Media. The first programme is expected later in 2025.
Books
Harry’s memoir, Spare, was published in January 2023.
It discussed his relationship with his brother and father, as well as his grief over the death of his mother, Princess Diana.
AFPThe book’s publishers promised $1.5m (£1.18m) and £300,000 respectively would be given to the Sentebale and WellChild charities.
Meghan wrote a children’s book, called The Bench, in 2021.
Inheritance
William and Harry received the bulk of Princess Diana’s £13m fortune when she died in 1997.
In a 2021 interview, Harry told Oprah Winfrey his share of the money funded his family’s move to the US.
He is also thought to have inherited millions from his great-grandmother, the Queen Mother.
It is not known whether Queen Elizabeth left him any money.
Acting
During her acting career, the Duchess of Sussex was reportedly paid $50,000 (£40,000) for each episode of the legal drama Suits.
She appeared in more than 100 episodes.
Getty ImagesWhy did Harry take the government to court over his security?
After stepping back from official duties, the duke and duchess were no longer afforded the security arrangements provided for senior royals.
When Harry first left the UK, he said it would be too dangerous to bring his family back without adequate police protection, and took the government to court.
Home Office lawyers said the duke would still have publicly funded police security in the UK, under “bespoke arrangements” – an approach which the High Court ruled in February 2024 “was, and is, legally sound”.
In June, Harry’s legal team said he had been given permission to challenge the High Court decision in the Court of Appeal.
An earlier separate court ruling rejected the prince’s request to be allowed to pay privately for more substantial protection.
What has happened with Harry’s court cases against various newspapers?
In January 2025, Prince Harry settled a case with News Group Newspapers (NGN), after it offered a “full and unequivocal apology” for “serious intrusion” into his private life between 1996 and 2011, and “incidents of unlawful activity” by private investigators.
It agreed to pay him an undisclosed amount of damages.
NGN, which owns the Sun, the Times and the Sunday Times and published the News of the World before its 2011 closure, also apologised for serious intrusion into the private life of Prince Harry’s late mother, Diana, Princess of Wales.
- Prince Harry versus newspapers: This is the one that matters
- Has Prince Harry really won his tabloid battle?
Harry also settled a phone-hacking claim against Mirror Group Newspapers in February 2024.
His lawyer said the duke had been awarded “substantial” damages. He was also granted £140,600 in damages in another part of the case.
A separate court case over claims from the duke and others that the Daily Mail’s publisher, Associated Newspapers, unlawfully obtained information about him continues.
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