The Department of Homeland Security says it needs an additional two weeks to obtain Prince Harry’s immigration records while a federal judge weighs whether to make them public.
The department made the request in a court filing Sunday, saying it needed more time to respond to Judge Carl Nichols’ order to provide more information about why his immigration records should be kept secret.
The conservative Heritage Foundation is demanding the release of the documents because of questions about whether Harry lied about his drug use on his visa application.
“Defendant has begun the search, but the search and review of the files has taken longer than expected,” DHS attorneys wrote in the filing.
They also said other government agencies may have to review the documents before they can be turned over to the judge.
Prince Harry, Duke of Sussex, arrived in the US in March 2020 and lives with his American wife Meghan and two children in Montecito, California
The Heritage Foundation is suing the Department of Homeland Security to release details of Harry’s immigration status. On Sunday, DHS attorneys asked for more time to comply with a judge’s order to provide more information about why he wouldn’t release the documents.
“Thus, having demonstrated good cause, Defendant respectfully requests an additional fourteen days, through April 4, 2024, to comply with the court’s order,” they wrote.
The filing is the latest twist in the legal battle over the Duke of Sussex and his immigration status.
He entered the US in March 2020, where he lived with his American wife Meghan and their two children in Montecito, California.
However, in his memoir ‘Spare’ he admitted to using cocaine, cannabis and psychedelic mushrooms.
US immigration authorities routinely ask about drug use on visa applications. British celebrities, including singer Amy Winehouse and model Kate Moss, have found themselves in trouble.
But acknowledging past drug use does not necessarily lead to automatic rejection.
Against that backdrop, the Heritage Foundation filed a Freedom of Information request last year to get to the bottom of what happened.
Nile Gardiner, who is leading the request, said it is a matter of making sure no one gets special treatment.
“Once again, Harry has publicly admitted to extensive illegal drug use,” he said wrote recently.
‘What does this mean for us? That Harry appears to have received special treatment: DHS looked the other way if the Prince answered truthfully, or it looked the other way if the Prince lied on his visa application.
Nile Gardiner, who is leading the Heritage Foundation’s freedom of information request, said it was a matter of ensuring no one received special treatment
In an interview on ABC’s Good Morning America show on Friday, Harry said he is considering becoming a US citizen
Last month, John Bardo, of the US Department of Homeland Security, told the court that Harry’s book ‘Spare’ was not ‘sworn testimony or evidence’ that he used drugs.
“Both actions would be wrong.”
DHS declined to release any information to “protect the Duke’s privacy,” and the case is now in federal court while Judge Nichols decides the best course of action.
After a hearing last month, he told DHS that the arguments were “insufficiently detailed” to make a ruling.
“After reviewing the parties’ written submissions and hearing oral arguments on the requests, the court concludes that in camera review is necessary to determine whether the disputed documents fall within the scope of the claimed reliefs,” he wrote in an order.
And he gave TThe Biden administration has until March 21 to submit ‘statements detailing what information it is withholding and what specific harm would result from its disclosure.’
During the February hearing, government lawyers argued that Harry’s memoirs proved nothing.
John Bardo, of the Department of Homeland Security, told the court: “Just because you say something in a book doesn’t make it true.”
People sometimes put things in books to sell more copies, he argued.
Lawyers for Heritage also introduced a transcript of the GMA interview on February 16, 2024 “in which the Duke of Sussex discusses the potential pursuit of U.S. citizenship.”
They said it helped their case for the release of his immigration files.
In a court filing, Heritage said: ‘Widespread and ongoing media reporting has raised questions about whether DHS properly admitted the Duke of Sussex in light of his publicly identifying the essential elements of a number of drug offenses has given in.’