The Heritage Foundation is taking legal action against the Department of Homeland Security (DHS) in a bid to force officials to release the royal's visa documents
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Prince Harry has received an update on his risk of deportation from the US.
The Duke of Sussex's US visa documents are at the centre of a bitter court battle.
The Biden administration is facing pressure to release the royal's visa records after he admitted to taking illegal drugs in his memoir Spare.
The Heritage Foundation is taking legal action against the Department of Homeland Security (DHS) in a bid to force officials to release Harry's documents.
Prince Harry has received an update on his risk of deportation from the US.
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The organisation wants to see if the royal admitted to using illegal drugs before gaining a US visa.
In his memoir, the Duke of Sussex said he had taken cocaine, magic mushrooms and cannabis.
Jane Hartley, the US ambassador to the UK, said regarding the possibility of Prince Harry's deportation: "Well it’s not going to happen in the Biden administration."
However, the Heritage Foundation has submitted these remarks as part of their case to get the Duke of Sussex's visa records released.
The Duke of Sussex's US visa documents are at the centre of a bitter court battle.
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The Heritage Foundation wrote: “Ambassador Hartley categorically stated that the Duke of Sussex will not be deported by the Biden Administration.
"Thus, the Executive Branch has now categorically stated that, regardless of future circumstances, they will decline to deport the Duke of Sussex – even in the most extreme of cases."
They added that Hartley's remarks on Harry: "Dramatically enhance the already compelling public interest in disclosure."
The Biden administration has so far refused to make Prince Harry's visa application public.
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The Biden administration has so far refused to make Prince Harry's visa application public.
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US immigration law has harsh penalties for lying to immigration officials, including deportation and being barred from applying for citizenship.
Under US law, foreign nationals who have admitted to taking drugs can be turned away at the border and refused a visa.
Celebrity chef Nigella Lawson was banned from the US after admitting to taking drugs.
Disclosure of previous drug use does not automatically mean immigrants will be banned but they are legally obliged to declare whether they have taken drugs on their visa application.
Failure to declare previous drug use or lying on their US visa application can lead to deportation.