American government lawyers fighting to keep ‘law enforcement’ documents related to Prince Harry’s visa application secret over fears there would be ‘stigma’ attached if published

  • In February, the think tank argued that details of the March 2020 application should be made public
  • The Duke of Sussex admitted in his memoir Spare that he used cocaine and other drugs

US government lawyers are fighting to keep ‘law enforcement documents’ relating to Prince Harry’s visa application secret, claiming there would be a ‘stigma attached’ if they were published.

The argument is contained in a 53-page court transcript that was due to be released last night.

The development comes after a hearing in February in which a think tank argued that details of the Duke of Sussex’s March 2020 visa application – in particular how he answered questions about drug use – should be made public.

In the court transcript, attorneys for the Department of Homeland Security (DHS) argue that Harry has a right to privacy and that his visa documents should remain sealed.

In response to a question from the judge about the “privacy interest that the government is asserting on behalf of the Duke,” DHS attorney John Bardo responded, “Well, a lot of these documents, Your Honor, are law enforcement documents.

Prince Harry pictured at the 10th anniversary service of the Invictus Games at St Paul’s Cathedral on May 8. US government lawyers are fighting to keep ‘law enforcement documents’ related to Prince Harry’s visa application secret, claiming there would be a ‘stigma attached’ if they were published

Harry pictured in Lagos this month with his wife Meghan Markle (far right) and Nigerian Chief of Defense Staff Christopher Musa (far left), his wife Lilian Musa (second from left), Lagos State Governor Babajide Sanwo-Olu (third from right) and his wife, Ibijoke Sanwo-Olu (third from left)

Harry pictured in Lagos this month with his wife Meghan Markle (far right) and Nigerian Chief of Defense Staff Christopher Musa (far left), his wife Lilian Musa (second from left), Lagos State Governor Babajide Sanwo-Olu (third from right) and his wife, Ibijoke Sanwo-Olu (third from left)

‘So there is a stigma attached to being mentioned in a police file.’

He added that the documents contained “confidential law enforcement tools and techniques.”

It is the first time law enforcement details have been cited in connection with the Duke’s visa case.

And while it’s unclear at this time which documents are being referred to, an LA-based immigration lawyer said last night: ‘Law enforcement records could include police, FBI, airport police, Secret Service, military police or even highway patrol. The word that stands out is ‘stigma’. It’s not a word you’d expect to find in a routine visa application.

‘It’s a highly unusual word that you wouldn’t normally encounter in these types of cases, and it begs the question: what’s in there that could attach a stigma to Prince Harry’s application?

“There’s no way to know until the data is made public.”

Conservative think tank The Heritage Foundation is suing DHS in an attempt to force the release of all documents relating to how Harry entered America – and continues to live there. Visa applicants must answer yes or no to the question, “Are you or have you ever been a drug abuser or addict?”

In his memoir Spare (pictured), Harry admitted to using cocaine, psychedelic mushrooms and marijuana.

In his memoir Spare (pictured), Harry admitted to using cocaine, psychedelic mushrooms and marijuana.

Judge Carl Nichols (pictured) is reviewing the documents privately and is expected to rule 'within weeks' on whether they should be made public

Judge Carl Nichols (pictured) is reviewing the documents privately and is expected to rule ‘within weeks’ on whether they should be made public

In his memoir Spare, Harry admitted to using cocaine, psychedelic mushrooms and marijuana.

The Heritage Foundation has argued that the autobiography meant the duke had given up any right to privacy. However, DHS attorney Bardo said Spare “does not constitute sworn testimony or evidence.”

Judge Carl Nichols is reviewing the documents privately and is expected to rule “within weeks” on whether they should be made public.