Biden admin ordered to turn over Prince Harry's immigration records amid preferential treatment claim

[Admin]

A federal judge on Tuesday gave the Department of Homeland Security (DHS) one week to deal with requests for Prince Harry's immigration records after the agency was sued by the Heritage Foundation.

The Biden administration appeared in a federal court Tuesday after the conservative think tank filed a lawsuit demanding DHS release Prince Harry's immigration records, alleging the administration gave him "preferential treatment" in allowing entry to the U.S. 

The suit claimed that the Biden administration allowed the prince to enter the U.S. despite his admission of illegal drug use – a factor that would usually be enough to deny other people entry. 

Entities within DHS, including Border Patrol, denied the group's Freedom of Information Act (FOIA) requests for the documents, but DHS headquarters had yet to make a decision on the requests.

D.C. District Court Judge Carl Nichols gave DHS until June 13 to notify the court on whether it will expedite or respond to a request for the records.

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Heritage filed the original FOIA requests for the documents following the release of Prince Harry's bestselling memoir, "Spare," in which he admitted to using cocaine, psychedelics and marijuana.

When filling out a visa application, those drug abuses are supposed to be documented in detail, and would normally trigger a special review if not rejection of the application. However, the group is suspicious that Prince Harry was either not honest on his visa application, or that the Biden administration gave him preferential treatment.

DHS entities rejected the original FOIA request, citing privacy concerns for the British royal, who moved to Montecito, California, with his wife Meghan Markle in 2020. Lawyers for the agency also leveled that argument in court Tuesday.

Nile Gardiner, director of the foundation’s Margaret Thatcher Center, told Fox News Digital Wednesday the judge's urging of a swift decision from the administration is a "very positive development."

"This matter is being treated very seriously," he said. 

Gardiner said there is "strong public interest for the release of Prince Harry's immigration records, especially in light of his widespread admission and drug use in ‘Spare,’ his memoir."

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"We believe that it is important that the public is aware of what he actually put in his immigration application. Did he outline in detail all his drug use as he was supposed to do? We also want to know whether he received any kind of preferential treatment for U.S. officials with regard to his visa application. So if there was any dishonesty on the application, that would be perjury and a criminal offense." he added.

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"The situation with Prince Harry's immigration application was that it was, it appears, to have been so fast-tracked, while most people wait many months, years to have their applications process. So it is in the public interest for immigration law to be applied fairly to everyone who applies without a favor or bias and so this is why there is a big public interest here," Gardiner said.

Heritage said in its lawsuit that while this case "focuses on the widespread public and press interest on the specific issue of whether DHS acted, and is acting, appropriately as regards the Duke of Sussex, it cannot be separated from its broader context." 

"The press and congressional hearing rooms are replete with detailed accusations that DHS is deliberately refusing to enforce the country’s immigration laws and is responsible for the current crisis at the border," the lawsuit said.

"[T]he broader controversy is so grave that Articles of Impeachment have been filed against DHS Secretary Alejandro N. Mayorkas and Secretary Mayorkas has taken the extraordinary step of retaining private counsel to represent him in impeachment proceedings," it said.