A US federal judge is deliberating on how to proceed in a lawsuit concerning the release of Prince Harry’s immigration records, which could potentially expose legal issues regarding his visa application.

The conservative think tank Heritage Foundation is pushing for the disclosure to determine whether Harry misrepresented his past drug use or received special treatment upon entering the US.

The case, overseen by US District Judge Carl Nichols, revolves around how Harry—King Charles III’s son—was granted entry when he and Meghan Markle moved to California in 2020.

The Heritage Foundation sued after the Department of Homeland Security (DHS) denied most of its Freedom of Information Act request seeking access to the documents. Harry himself is not involved in the lawsuit.

“We believe Americans have the right to know whether Prince Harry was honest on his application,” said Nile Gardiner, director of Heritage’s Margaret Thatcher Center for Freedom.

The case gained attention after Harry’s 2023 memoir Spare detailed past drug use, including cocaine, cannabis, and psychedelics. US visa applications ask about drug history, and lying on the form can lead to deportation. However, truthful admissions do not automatically result in denial, as waivers can be granted.

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Attorney Samuel Dewey, representing Heritage, suggested Harry may have either secured a DHS waiver or obtained a diplomatic visa. Both are legal but could fuel claims of favouritism.

Judge Nichols is assessing whether to release DHS officials' sworn statements explaining why the agency withheld records. He is also considering requesting additional government documents or consulting an outside expert.

Meanwhile, Gardiner has called on former President Donald Trump to intervene and order the records’ release.