Heavily redacted documents reveal little in lawsuit over Prince Harry鈥檚 immigration records
Documents unsealed Tuesday in a conservative think tank鈥檚 case against Prince Harry do not disclose information about his immigration records.
鈥淭o 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,鈥� one of the filings released Tuesday says.
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鈥檚 immigration records under the Freedom of Information Act was previously denied by DHS. The group argued 鈥渢he public has an interest in knowing鈥� whether Prince Harry 鈥渨as properly vetted prior to or during admission into the United States.鈥�
In the fall, a federal judge denied the Heritage Foundation鈥檚 effort seeking the disclosure of Harry鈥檚 immigration records, ruling that 鈥渢he Duke鈥檚 privacy interest outweighs any public interest.鈥� 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鈥檚 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 鈥渋t 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.鈥�
鈥淭o 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,鈥� the filing also said.
The Heritage Foundation has raised questions about Prince Harry鈥檚 writings of past recreational drug use in his memoir, since admission of past drug use can be grounds to reject a visa application.
鈥淲e鈥檙e only focused on the specific issue that鈥檚 drawn all the press attention: the drug use,鈥� attorney Samuel Dewey, who represents the Heritage Foundation, previously told CNN. 鈥淗e鈥檚 talked about, he鈥檚 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.鈥�
In court documents, the Heritage Foundation argued there are only certain ways Prince Harry could have entered the United States in March 2020.
鈥淗e might have been in possession of a diplomatic visa, but Heritage contended that was unlikely given his status with the Royal Family 鈥� Or he might have disclosed his past drug use and sought a waiver of admission鈥� But, Heritage argued, this normally would take several years to attain,鈥� the documents read. 鈥淎lternatively, the Duke may have disclosed his past drug use but have been admitted into the United States without a waiver鈥攚hich in Heritage鈥檚 view would be unlawful.鈥�
鈥淗eritage contended that the Duke鈥檚 鈥榗onduct likely violated numerous laws鈥� that should have made him ineligible for admission,鈥� the court documents say.
Why did a conservative think tank want to see Prince Harry鈥檚 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 鈥� including accusations from Republican lawmakers that DHS is 鈥渄eliberately refusing to enforce the Country鈥檚 immigration laws and is responsible for the current crisis at the border,鈥� court filings read.
鈥淭his is a case that concerns Prince Harry, but what it鈥檚 focused on is DHS鈥檚 conduct,鈥� Dewey previously said.
DHS has noted the U.S. 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鈥檚 authorization or consent to release the information.
Documents in his immigration records initially sought by the Heritage Foundation could include Prince Harry鈥檚 , the Application to Register Permanent Residence, as well as his wife鈥檚 petition for him, financial information, his work history, and supporting documents with marriage pictures together, immigration attorney Charles Kuck said.
Prince Harry鈥檚 wife, Meghan, Duchess of Sussex, is an American citizen.
One question the I-485 form asks is 鈥楬ave you ever violated (鈥�) any controlled substance law or regulation of a state, the United States, or a foreign country?鈥�
That question has been the subject of numerous cases at the Board of Immigration Appeals, Kuck told CNN, 鈥渂ecause in order to answer that question, you have to know the elements of the crime.鈥�
鈥淣o person in their right mind would answer 鈥榶es鈥� 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? 鈥� I don鈥檛 know what the elements of the crime are,鈥� Kuck said.
President Trump 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.
鈥淚 don鈥檛 want to do that,鈥� the president told the New York Post. 鈥淚鈥檒l leave him alone. He鈥檚 got enough problems with his wife. She鈥檚 terrible.鈥�