Joe Biden has suffered a fresh blow in a bitter court battle over Prince Harry's records.
Nile Gardiner, the director of the Margaret Thatcher Center for Freedom at The Heritage Foundation, took to social media today to discuss the ongoing court case with the Department of Homeland Security.
The conservative think tank wants Prince Harry’s US immigration files to be made public.
This is because his memoir Spare featured accounts where he admitted to taking marijuana, cocaine and psychedelic mushrooms in his past.
Prince Harry moved to the US with Meghan Markle in 2020
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Drug use can be used as grounds to deny a US visa application, which could threaten the Duke of Sussex's US immigration status.
The Heritage Foundation sued the Department of Homeland Security under the Freedom of Information Act claiming that Prince Harry may have received favourable treatment when applying for his visa.
The Department of Homeland Security enforces anybody entering the US to tick a yes or no box for having taken drugs in the past.
But the Biden administration is arguing against Harry's papers being released, on the basis that visa applicants have a right to privacy.
Nile Gardiner is Director of The Heritage FoundationGB NewsThe Heritage Foundation has argued that the prince undermined his right to privacy by “selling every aspect of his private life”.
Today on X, Gardiner wrote: "DHS/Prince Harry FOIA Update. Today the Federal D.C. District Court ordered the DHS to submit 'to the Court in camera a declaration or declarations that detail, with particularity, the records it is withholding and the particular harm that would arise from public disclosure of them.'
"This means the Court wants to see detailed information about the records in question for itself.
"It is important to note the Biden Administration repeatedly objected to the Court taking this step.
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"We are pleased to see the Court handle this matter with its customary thoroughness and to continue to give this important case the attention it deserves."
It has not yet been determined whether or not the duke's immigration documents will be made public.
However, Gardiner and the Heritage Foundation are viewing this news as a fresh blow to the Biden administration.
Harry was open about his history with drugs in his memoir SparePAPrince Harry and Meghan Markle moved to the US in the summer of 2020.
They are raising their two children, Prince Archie, four, and Princess Lilibet, two, in Montecito, California.
The duke and duchess stepped down from royal duties four years ago and have only returned to the UK on a handful of occasions each.