A judge has ordered the Department of Homeland Security to hand over sensitive material about Prince Harry’s immigration papers for him to review while deciding whether to make them public.
Judge Carl Nichols told DHS that the arguments so far were “insufficiently detailed” to make a decision.
He asked the agency, which oversees immigration, to provide him with statements explaining the “particular harm” that would result from the disclosure of the Duke of Sussex’s visa application.
The development came after a hearing in court in Washington last month, in which Judge Nichols heard from DHS and the Heritage Foundation, which is seeking to declassify the material.
The Heritage Foundation is seeking the release of the documents as part of a Freedom of Information request it filed last year.
Prince Harry’s immigration file could be released to the public after a judge reviews it privately
The DHS had argued that releasing Harry’s data would be an invasion of the duke’s privacy
Judge Carl Nichols wants more information about Prince Harry’s application so he can decide whether to make the immigration papers public
In his memoir Spare, Harry admitted to using drugs including marijuana, cocaine and magic mushrooms
A US think tank is trying to force the Department of Homeland Security to release Harry’s immigration records to determine whether the Duke has admitted to his drug use.
The think tank claimed Harry could have lied about taking drugs on his immigration papers, despite admitting to doing so in his memoirs and on the Netflix show.
If the Duke did not tell the truth on his entry forms, he could be removed from the US or barred by a border agent.
In an order filed in court in Washington, Judge Nichols said the Freedom of Information Act authorized him to “review statements and/or disputed documents behind closed doors.”
Doing so would allow him to determine whether any exceptions preventing disclosure of the documents apply.
Such review is appropriate when “agency affidavits are insufficiently detailed to permit meaningful review of exemption applications… when the number of withheld documents is relatively small, and when the dispute centers on the content of the withheld documents, rather than the interpretations of the parties. of those documents,” the order said.
Judge Nichols said: ‘After reviewing the parties’ written submissions and hearing oral arguments on the applications, the court concludes that in camera review is necessary to determine whether the disputed documents fall within the scope of the reliefs claimed’ .
Judge Nichols gave DHS until March 21 to file affidavits detailing “the data it is withholding and the specific harms that would result from its disclosure,” according to his order.
The assessment will take place behind closed doors, which means that the judge will act behind closed doors.
DHS has until March 21 to comply with Judge Nichols’ order regarding Harry’s records
In an interview on ABC’s Good Morning America show on Friday, Harry said he is considering becoming a US citizen
Harry said U.S. citizenship crossed his mind but was not a high priority for him at the moment
In his memoir “Spare,” released last January, and the Netflix show “Harry & Meghan,” about the duke and his wife Meghan Markle, Harry was open about his past drug use.
He admitted to using cocaine and marijuana in the past and once said cannabis helped heal the trauma of his mother’s death.
The Duke said taking ayahuasca, the psychedelic drug, made him realize his mother wanted him to be “happy”.
Despite this, Harry’s US visa application in March 2020 could show that he ticked the ‘no’ box when asked about his drug use, The Heritage Foundation claims.
In its legal filing, DHS said the documents in question are “particularly sensitive” because they would “reveal Harry’s (immigration) status in the United States.”
The DHS has claimed that Harry is still entitled to privacy even though he is a celebrity.
Heritage has argued in legal documents that Harry being so open about his private life means he has forfeited such a right.
At the hearing last month, DHS attorneys said Harry’s claims about his drug use in “Spare” may not have been true and may have been there just to sell books.
“The book is not sworn testimony or evidence,” John Bardo told the court. “Saying something in a book doesn’t necessarily mean it’s true.”
Donald Trump has weighed in on the controversy and suggested he could kick Harry out of the US if he wins a second term.
The former president said he ‘wouldn’t protect’ Harry because he ‘betrayed the Queen’.
Trump said that if he wins the November election, Harry would “be on his own.”