Prince Harry's U.S. immigration files must be made public by the end of the day on Tuesday, under an order issued by a Washington D.C. district court, after the conservative Heritage Foundation alleged that the British royal may have concealed past drug use when he applied for his visa. Harry currently lives in California with his wife, Meghan, and their children.

Applications for visas to live in the United States ask about current and historical drug use. Admission of drug use can lead to visa applications being rejected, but immigration officers have discretion to make their final decisions on a number of factors. Lying on visa applications can lead to lifetime bans on entering the U.S..

"There's a lot of discretion that the government has, but merely admitting to drug use very often is not disqualifying from entering the country, but lying about drug use can be more serious and potentially could be disqualifying," CBS News legal contributor Jessica Levinson said.

The Heritage Foundation alleges that Harry may have lied about his past drug use on his application. Their allegations center around claims Harry made in his memoir, published in January 2023, where he described using various types of drugs.

Cocaine "wasn't much fun, and it didn't make me particularly happy, as it seemed to make everyone around me, but it did make me feel different, and that was the main goal," Harry wrote.

He also wrote: "Marijuana is different. That actually really did help me."

The Heritage Foundation lodged a freedom of information request with the Department of Homeland Security in 2023, not long after his book was published, seeking access to Harry's immigration documents.

"Harry has publicly admitted to extensive illegal drug use. What do we submit this means? That Harry seems to have received special treatment: the DHS looked the other way if the Prince answered truthfully, or it looked the other way if the Prince lied on his visa application. Either action would be wrong," Nile Gardiner from the Heritage Foundation said in an online post in 2024.

Harry and Meghan moved to the U.S. in 2020 after stepping down as working members of Britain's royal family.

Meghan is a U.S. citizen, but it is unclear what visa Harry entered the country on. The prince has not responded publicly to the Heritage Foundation's assertions since they emerged more than a year ago.

In February, President Trump ruled out deporting Harry, saying he would "leave him alone," adding, "He's got enough problems with his wife. She's terrible."

Meghan has been a vocal critic of Mr. Trump.

"Most Americans dislike the idea of celebrities being treated differently from anyone else, and Harry's fame and profile makes this case the ideal window into DHS conduct," the Heritage Foundation's Gardiner argued. "If DHS granted Harry special treatment, the implications are obvious: it has likely granted such treatment in the past to others sufficiently famous or sufficiently politically aligned, and will likely continue to do so."

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