Prince Harry visa case to have first court hearing under Donald Trump after duke's drug admissions

The timing is particularly significant as it represents the first court appearance since Trump's return to the White House, following his previous statements about not offering protection to the Duke of Sussex.

The Heritage Foundation launched its lawsuit against the Department of Homeland Security seeking to force the release of Prince Harry's immigration documents.

The right-wing think tank contends that Harry's admissions of past drug use, including cannabis, magic mushrooms, cocaine and ayahuasca, as detailed in his memoir, should have affected his US entry status.

The foundation argues that Harry must have either provided false information on his forms or received preferential treatment.

Government lawyers have maintained that releasing the documents would violate Harry's privacy rights.

Trump's stance on the matter was made clear in February 2024, when he stated: "I wouldn't protect him. He betrayed the Queen. That's unforgivable. He would be on his own if it was down to me."

In a subsequent interview with Nigel Farage on GB News, Trump addressed the drug admission issue directly, saying: "We'll have to see if they know something about the drugs, and if he lied they'll have to take appropriate action."

When Farage questioned whether this might affect Harry's ability to stay in the US, Trump remained noncommittal, responding: "Oh I don't know. You'll have to tell me. You just have to tell me."

Heritage's legal challenge comes after its initial lawsuit was terminated in September, with the judge's published opinion heavily redacted.

The think tank is now seeking "relief from judgment," requesting the court to vacate its ruling and publish correspondence between the Department of Homeland Security and the judge.

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Heritage has publicly called on Trump to intervene, with Nile Gardiner, director of their Margaret Thatcher Center for Freedom, stating: "I'll be urging the president to release Prince Harry's immigration records and the president does have that legal authority to do that."

The February hearing will be the first time Government lawyers have appeared in court on this issue under Trump's presidency.

Government lawyers have defended their position in a November court filing, stating that public declarations provided "the maximum amount of information" possible without revealing non-public details about the duke's immigration status.

The Department of Homeland Security dismissed Heritage's claims, noting that its "purported evidence of Government wrongdoing amounted merely to a 'bare suspicion' of Government misconduct."

In his redacted opinion, Judge Nichols addressed Heritage's core argument about Harry's entry to the United States, noting its contention that the duke either disclosed his past drug use and was improperly admitted, or failed to disclose it entirely.