A US judge has rejected a lawsuit filed by the conservative Heritage Foundation to make public the Duke of Sussex’s US visa application, which the think tank alleged would reveal if drug use had been disclosed. The Duke admitted taking drugs in his memoir which was released in January 2023, in which he wrote about using marijuana, cocaine and psychedelic mushrooms. The foundation argued that “widespread and continuous” media coverage of the drug use called into question whether the US government had properly vetted the Duke and followed correct procedures in admitting him into the country.
Application forms for US visas request information on current and past drug use, with drug use being grounds for non-immigrant and immigrant visa applications to be refused. Immigration officials possess discretion in making the final decision based on various factors.
The Duke of Sussex moved to the US in January 2020 after stating that he and the Duchess would step back from royal duties. Judge Carl Nichols ruled that “the public does not have a strong interest in disclosure of the Duke’s immigration records”. He added that, “Like any foreign national, the Duke has a legitimate privacy interest in his immigration status”. Furthermore, US law generally renders those who admit to drug use as inadmissible for entry to the country.
In his memoir, Prince Harry stated that he felt cocaine “didn’t do anything for me”, but expressed that marijuana had actually been a helpful substance. However, the Judge affirmed that Prince Harry’s privacy interest outweighed the public’s interest in the disclosure of his immigration records.
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