The question of whether Prince Harry provided accurate information on his U.S. immigration paperwork is likely to remain unanswered, as two federal court cases aiming to compel disclosures about his visa terms have stalled. This development occurs as Prince Harry and his wife, Meghan Markle, have announced their intention to return to the United Kingdom.
The Heritage Foundation, a conservative think tank, filed lawsuits in 2023 against the Department of Homeland Security (DHS) and the State Department. These legal actions were initiated after Prince Harry detailed his past drug use, including cocaine, cannabis, and psychedelic mushrooms, in his memoir "Spare." The foundation argued that such admissions should have been disclosed on his immigration application when he moved to the U.S. in 2020.
Lawyers for the Heritage Foundation contend that if Prince Harry did not disclose his substance use history, his visa application could be considered fraudulent. However, the Freedom of Information Act (FOIA) lawsuits have not yet yielded information from either agency regarding the Duke of Sussex's immigration status.
"We still want all the documents," said Mike Howell, a former Heritage staffer and president of the Oversight Project, a government accountability group involved in the lawsuits. "Prince Harry may be leaving, but our fight for the truth goes on. Maybe he won’t be able to come back."
During his presidency, Donald Trump reportedly ruled out deporting Prince Harry, joking to Miranda Devine of The Post, "I’ll leave him alone. He’s got enough problems with his wife."
A source familiar with the situation claimed that while the legal challenges questioned the couple's right to remain in the U.S., their departure was more a result of their commercial ventures, including a Netflix deal and Meghan Markle's lifestyle brand ambitions, losing momentum.
Prince Harry's memoir, "Spare," published in January 2023, became the fastest-selling nonfiction book of all time. Despite its success, the immigration case against him continues.
In March 2025, a lawsuit against DHS resulted in the release of heavily redacted court declarations from federal agents who had reviewed Prince Harry's immigration file. DHS confirmed it held "entry and exit records" for Harry but declined further comment, citing the Duke's right to privacy.
A federal judge previously ruled against releasing information from the file itself, stating in a September 2024 opinion that "the public does not have a strong interest in disclosure of the duke’s immigration records." An earlier DHS FOIA officer declaration suggested that releasing the records could subject Prince Harry to "harm or harassment."
Heritage attorneys subsequently filed suit against the State Department, seeking a wider range of documents related to Prince Harry since January 2020. State Department officials revealed in late July that only 18 records were responsive to the initial request, but all would be withheld under FOIA and immigration laws.
Heritage attorneys have theorized that Prince Harry may have entered the U.S. on an O-1 visa, typically granted to individuals with "exceptional talent or ability." Such visas require a sponsor and evidence of extraordinary skills, which could have been provided by one of Prince Harry's foundations, potentially citing his fundraising abilities.
Both lawsuits were also filed amid suspicions that Prince Harry might have received preferential treatment from federal authorities, regardless of his disclosures about drug use.
Representatives for DHS and the State Department did not respond to requests for comment.