The Heritage Foundation has reignited its legal battle against the Department of Homeland Security (DHS) to unseal Prince Harry’s visa application records, citing concerns over secrecy and potential favoritism. The conservative think tank previously filed a lawsuit demanding the release of the Duke of Sussex’s visa details, following his admission of drug use in his memoir, Spare. The Foundation argues that these disclosures should have barred him from entering the United States, and they now seek to determine whether Prince Harry received special treatment due to his royal status.
The case, initially dismissed in September, was ruled in favor of the Biden administration. The judge’s decision, revealed through a redacted summary, supported the protection of Prince Harry’s privacy. However, the Heritage Foundation has since submitted a new court filing, seen by Newsweek, requesting that the court “vacate” its previous ruling and unseal all private correspondence between DHS and the judge.
According to the filing, the Foundation argues that the redactions made in the judge’s order were overly extensive and hindered their ability to effectively appeal the case. The think tank’s lawyers contend that the secrecy surrounding the private submissions made by the Biden administration to the court indicates “agency bad faith.” They further claim that the court’s approach does not align with the principles of the adversarial legal system, which requires transparency and fairness for all parties involved.
Judge Carl J. Nichols, who presided over the case, acknowledged in his September memorandum that the Duke of Sussex’s privacy interest outweighed any public interest in his immigration records. He noted that after an in camera review of the relevant records and declarations, the court agreed with the government’s argument to withhold the documents, thereby granting the DHS’s Motion for Summary Judgment.
However, the Heritage Foundation insists that this decision compromises their ability to effectively argue their case on appeal. They assert that the judge’s handling of the matter severely limits their ability to challenge the ruling, as much of the critical information remains shielded from public scrutiny.
The controversy has not only put pressure on Prince Harry but also drawn public attention, with former President Donald Trump commenting on the situation. The implications of the lawsuit extend beyond the Duke’s personal privacy, carrying an implicit threat of visa revocation should the court eventually find fault with the visa’s approval.
Despite the court’s initial dismissal of the case, the Heritage Foundation’s efforts to reopen the lawsuit highlight ongoing tensions surrounding the Duke of Sussex’s immigration status. The think tank’s demands to unseal private communications and reveal the full extent of DHS’s involvement aim to explore whether Prince Harry’s royal status played a role in the approval of his visa application.
As the case unfolds, it poses a potential public relations headache for Prince Harry while also testing the balance between individual privacy rights and the public’s right to transparency in government processes.