A federal judge has started listening to arguments in a case that seeks to make the Duke of Sussex's immigration records available to the public.
The lawsuit, filed by the right-wing Heritage Foundation, aims to force the government to make the records public in order to determine whether drug use was disclosed.
The use of cocaine, marijuana, and psychedelic mushrooms has been openly acknowledged by Prince Harry, 38.
It could take weeks for the court in the Washington, DC, case to rule.
US visa application forms specifically inquire about current and past drug use.
Although immigration officers have the discretion to make a final decision based on a number of factors, drug use can result in the rejection of non-immigrant and immigrant visa applications.
Which visa Prince Harry entered the US on is unclear. American citizen Meghan Markle is his wife. Since 2020, the couple has made California their home.
The admission by Prince Harry that he repeatedly used drugs as a teenager in the UK and as an adult is at the center of the Heritage Foundation's lawsuit. Prince Harry made this admission in his memoir Spare.
The Heritage Foundation contends in the lawsuit that "widespread" media coverage of the duke's acknowledged drug use raises concerns about whether the government correctly followed immigration law when it granted him entry into the US and whether he received preferential treatment.
The use of drugs now or in the past may, in theory, bar entry to the US.
First, the court's Carl Nichols must decide whether Customs and Border Protection (CBP) must hasten the search for pertinent records.
He must then decide if making the immigration documents, or portions of them, available is in the best interest of the general public.
The Heritage Foundation considers the case to be "symbolically important," according to Nile Gardiner, a former Margaret Thatcher aide who currently works as a foreign policy analyst at the organization.
I believe it would erode confidence in the US immigration system and how it is enforced if Prince Harry were treated differently than any other applicant, he said.
Mr. Gardiner continued, "It's critical that US officials are seen to be applying the law vigorously, effectively, and fairly.". Otherwise, the system is completely inoperable. " .
The Heritage Foundation cites several instances of British celebrities being denied entry or sent back to the UK in court documents it has filed.
According to the records, despite having a visa, musician Pete Doherty was turned away from a New York airport in 2010 and sent back to the UK. Mr. Doherty has a lengthy history of drug convictions.
Celebrity chef Nigella Lawson was denied boarding on a flight in 2014 from the UK to Los Angeles after confessing in court testimony to having used cocaine "two times in my life.".
The US embassy in London issued the following statement at the time: "Ms Lawson has been invited to come to the embassy and apply for a visa for travel to the US. There are several ways to legally enter the US. Ms. Lawson eventually received a visa.
For its part, the Department of Homeland Security (DHS) has argued that the immediate release of Prince Harry's documents is unnecessary.
Furthermore, it has argued that there is no evidence to support "widespread" public interest in viewing the immigration documents.
The US case is distinct from a civil lawsuit Harry has against Mirror Group Newspapers in the UK that is still pending due to allegations of phone hacking.
