Prince Harry could find himself in hot water even if Biden refuses to open pandora's box - analysis by Cameron Walker

The US Department of Homeland Security (DHS) believes the Duke of Sussex is entitled to privacy, but the Heritage Foundation and Oversight Project wants to know if the government department "properly admitted" the King's younger son to the United States following his public admission of illegal drug use.

In Prince Harry's memoir 'Spare' he admitted to taking marijuana, cocaine and psychedelic mushrooms.

This leaves a huge problem for the prince because, although the admission of taking illegal substances on an immigration form does not result in an automatic ban from entering the United States, lying on an application form is a "ground for inadmissibility" under US immigration law.

The Heritage Foundation is legally challenging the Biden administration to release Prince Harry's immigration records and, in a recently released transcript from a February court hearing, lawyers for DHS argued there would be a "stigma" attached to Prince Harry if the information was released, citing "law enforcement records".

As things stand, we do not know what Prince Harry disclosed on his visa application.

On the one hand, the prince may well have declared his previous use of drugs on the form.

In that case, DHS could be questioned as to what grounds Harry was granted a visa.

On the other, the prince could have failed to declare his past drug use - making him at risk of deportation should law enforcement and immigration officials choose to investigate.

Allies of President Biden's administration have indicated the Duke of Sussex would not be deported from the United States.

However, the American people choose who they want as President for the next four years on 5 November.

If former President Trump wins, Prince Harry could find himself in hot water because the Republican candidate has indicated he would take "appropriate action" if the prince lied about his drug use on his visa application.

But what does "appropriate action" mean? Deportation? A slap on the wrist? Would a future President Trump really break up a family with two young children by expelling their father back to Britain?

What would this do for diplomatic relations between the United States and the United Kingdom, if the fifth in line to the throne was thrown out of his adoptive home country?

Nile Gardiner, a Director at the Heritage Foundation, has previously said "Americans deserve to know if Prince Harry lied on his application and [if] DHS looked the other way".

In other words, was Prince Harry given special treatment?

If the US District Court orders DHS to release the Duke of Sussex's immigration records, it could open Pandora's box.