By Rebekah Riess and Michelle Watson, CNN
Prince Harry at the Royal Courts of Justice, Britain's High Court, in central London on 28 March, 2023. Photo: AFP
Documents unsealed Tuesday in a conservative think tank's case against Prince Harry do not disclose information about his immigration records.
"To release his exact status could subject him to reasonably foreseeable harm in the form of harassment as well as unwanted contact by the media and others," one of the filings released said.
The heavily redacted documents were released on Tuesday in connection with a lawsuit from the Heritage Foundation, filed after its request for the release the Duke of Sussex's immigration records under the Freedom of Information Act was previously denied by DHS. The group argued "the public has an interest in knowing" whether Prince Harry "was properly vetted prior to or during admission into the United States."
In the fall, a federal judge denied the Heritage Foundation's effort seeking the disclosure of Harry's immigration records, ruling that "the Duke's privacy interest outweighs any public interest." But last week, the judge ordered the government to publicly file redacted versions of documents it privately submitted to the judge last year detailing the immigration records it withheld and explaining why the government believed the release would be damaging.
The redactions in the documents made public Tuesday are so extensive that little can be deduced about Prince Harry's immigration records themselves, or even the volume of records withheld.
In a brief portion that is visible from the filing, the government argued to the judge last year "it was not possible to release any record or any portion of the records as it would allow someone with any familiarity with immigration law to determine (redacted) for the Duke in the United States."
"To release such information would potentially expose the individual to harm from members of the public who might have a reason to manipulate or harass individuals depending on their status in the United States," the filing also said.
The Heritage Foundation has raised questions about Prince Harry's writings of past recreational drug use in his memoir, since admission of past drug use can be grounds to reject a visa application.
"We're only focused on the specific issue that's drawn all the press attention: the drug use," attorney Samuel Dewey, who represents the Heritage Foundation, previously told CNN. "He's talked about, he's written about it extensively. He has waived any privacy interest he has in his drug use. He has bragged about it (in his memoir) and sold that."
In court documents, the Heritage Foundation argued there are only certain ways Prince Harry could have entered the United States in March 2020.
Prince Harry and Meghan in London in June 2022 during Queen Elizabeth II's platinum jubilee celebrations. Photo: AFP
"He might have been in possession of a diplomatic visa, but Heritage contended that was unlikely given his status with the Royal Family … Or he might have disclosed his past drug use and sought a waiver of admission...but, Heritage argued, this normally would take several years to attain," the documents read. "Alternatively, the Duke may have disclosed his past drug use but have been admitted into the United States without a waiver-which in Heritage's view would be unlawful."
"Heritage contended that the Duke's 'conduct likely violated numerous laws' that should have made him ineligible for admission," the court documents say.
Why did a conservative think tank want to see Prince Harry's immigration records?
Attorneys for the Heritage Foundation see the case as part of a larger effort to uncover non-compliance with the law by DHS in different areas - including accusations from Republican lawmakers that DHS is "deliberately refusing to enforce the Country's immigration laws and is responsible for the current crisis at the border," court filings read.
"This is a case that concerns Prince Harry, but what it's focused on is DHS's conduct," Dewey previously said.
DHS has noted the US Customs and Border Protection agency originally denied the Freedom of Information Act requests from the Heritage Foundation because the group did not have Prince Harry's authorisation or consent to release the information.
Documents in his immigration records initially sought by the Heritage Foundation could include Prince Harry's I-485 form, the Application to Register Permanent Residence, as well as his wife's petition for him, financial information, his work history, and supporting documents with marriage pictures together, immigration attorney Charles Kuck said.
Prince Harry's wife, Meghan, Duchess of Sussex, is an American citizen.
One question the I-485 form asks is 'Have you ever violated (...) any controlled substance law or regulation of a state, the United States, or a foreign country?'
That question has been the subject of numerous cases at the Board of Immigration Appeals, Kuck told CNN, "because in order to answer that question, you have to know the elements of the crime."
"No person in their right mind would answer 'yes' to that question. Because what crime are you talking about? What are the elements of that crime? What are the parameters of violating that law?...I don't know what the elements of the crime are," Kuck said.
President Trump told the New York Post last month that he has ruled out deporting Prince Harry, who now lives in Montecito, California, with his wife and their two children, Prince Archie, 5, and Princess Lilibet, 3.
"I don't want to do that," the president told the New York Post. "I'll leave him alone. He's got enough problems with his wife. She's terrible."
-CNN
