U.S. government cites Trump’s privacy over possible interactions with FBI as reason for not releasing Prince Harry’s visa

Lawyers for the US government cited a case involving Donald Trump as a reason for not releasing details about Prince Harry’s immigration status.

They argue that a court ruling on the former president’s privacy means that Prince Harry is entitled to the same protection.

The Heritage Foundation, a Washington DC think tank, has sued Joe Biden’s Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA) for details about which visa Harry used to enter the US.

She wants to determine whether he has received preferential treatment, given his confessions of drug use in his autobiography ‘Spare’.

Prince Harry, Duke of Sussex, and Meghan, Duchess of Sussex, pose for a photo as they attend a program held at the Armed Forces Complex in Abuja, Nigeria on May 11, 2024

The DHS cited the Trump case as a reason for not disclosing details about the royal family, according to a transcript of a court hearing in Washington in February.

John Bardo, a lawyer for the department, said the case involved details of any interactions between Trump and the FBI before 2015, when he was a private citizen, were requested under a FOIA request.

He said the Prince Harry case was “similar” to the Trump case in which “the plaintiff requested records of President Trump’s interactions with the FBI before 2015.”

Donald Trump waves to supporters after meeting with Senate Republicans at the National Republican Senatorial Committee office in Washington, DC, June 13, 2024

Donald Trump waves to supporters after meeting with Senate Republicans at the National Republican Senatorial Committee office in Washington, DC, June 13, 2024

The Duke of Sussex leaves during the Invictus Games Foundation's 10th Anniversary Service at St Paul's Cathedral on May 8, 2024 in London, England

The Duke of Sussex leaves during the Invictus Games Foundation’s 10th Anniversary Service at St Paul’s Cathedral on May 8, 2024 in London, England

Prince Harry, Duke of Sussex, attends a sitting volleyball match in Nigeria Unconquered, a charity dedicated to helping wounded, injured or ill military personnel, as part of the anniversary celebrations of the Invictus Games in Abuja, Nigeria on May 11 .  2024

Prince Harry, Duke of Sussex, attends a sitting volleyball match in Nigeria Unconquered, a charity dedicated to helping wounded, injured or ill military personnel, as part of the anniversary celebrations of the Invictus Games in Abuja, Nigeria on May 11 . 2024

Mr. Bardo said, “They found that President Trump, from the time he was a private citizen, his privacy interests outweighed any public interest that there might be in any prior interactions he may have had with the FBI.

“And I would argue that if President Trump has a privacy interest in that kind of interaction with government, then Prince Harry’s privacy interest is even greater.

“Because he has never been a government official in this country and has never appeared on a ballot in this country.”

He added: “There is a much greater public interest in an interaction with a candidate official than with a member of the royal family of a foreign country.”

The Duke of Sussex attends a basketball event in Lagos, Nigeria, May 12, 2024

The Duke of Sussex attends a basketball event in Lagos, Nigeria, May 12, 2024

Meghan, Duchess of Sussex, speaks during a Women in Leadership event in Abuja, Nigeria, Saturday, May 11, 2024

Meghan, Duchess of Sussex, speaks during a Women in Leadership event in Abuja, Nigeria, Saturday, May 11, 2024

It comes after suggestions that Harry could have entered the United States on a rare diplomatic visa.

Last month, London-based US immigration lawyer Melissa Chavin said Harry may have had an “A-1 head of state” visa, used by heads of state and members of the royal family, as he is fifth in line to the throne.

“It’s just really special,” she told Dailymail.com. ‘And the security check is not the same. It’s a lower security check.

‘It is a visa especially for members of royal families. For an A-1 Head of State visa, the security and background check questions are not the same as for most visa applicants. They are only screened for espionage, terrorism and activities contrary to U.S. foreign policy.”

A Federal Bureau of Investigation building

A Federal Bureau of Investigation building

United States District Judge Carl J. Nichols.  Carl John Nichols considers the case brought by The Heritage Foundation against the Biden administration over Harry's immigration status

United States District Judge Carl J. Nichols. Carl John Nichols considers the case brought by The Heritage Foundation against the Biden administration over Harry’s immigration status

The Duke of Sussex attends a basketball event in Lagos, Nigeria, May 12, 2024

The Duke of Sussex attends a basketball event in Lagos, Nigeria, May 12, 2024

Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a polo fundraising event in Lagos, Nigeria, May 12, 2024.

Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a polo fundraising event in Lagos, Nigeria, May 12, 2024.

The A-1 ‘Head of State’ visa is distinct from the A-1 visa, which is intended for senior diplomats.

Holders of an A1 visa, such as an ambassador, are expected to come to the US to work as a senior diplomat.

But a holder of an A-1 head of state visa is free to come to the US without working as a head of state or member of the royal family.

Harry, who has been living in the US since 2020, lives with his wife Meghan Markle and their two children in a nine-bedroom mansion in Montecito, California.

In March, Trump hinted that he could be deported from the US under his leadership.

The former president, 77, spoke to TV presenter Nigel Farage on GB News, where he suggested the royal family would not be given ‘special privileges’.