5th Feb - court date for Prince Harry visa case

[veraswaistcoat]

I believe this is the first time under Trump's Presidency that Prince Harry's visa records case is due. Lawyers representing the Heritage Foundation and Harry are to meet in Washington DC. Is Harry not sick of court?

I think the drug use is almost a red herring. Maybe there is other stuff he put on the application which might not look good.

I must say, I think this is something where privacy should apply.

I doubt this case has much of a profile in the US or that Trump cares much about it. It's interesting that he has already made a point of saying how much he respects the Royal family though. Definitely angling for another State visit! Maybe that is what will help Harry

That said, I think everyone knows that rules are there to be broken by the rich and famous, so undoubtedly he'll get away without any serious impact, barring possibly some embarrassment, which I think is the least he deserves if it comes out that he either lied, or was granted special treatment because of who his father is.

I think this is the point about the FOI case. It's not personal against Harry (although he must feel like it is, it's his own indiscretion that has presented them with a test case), it's the Heritage Foundation trying to prove the DHS selectively apply their own rules and sometimes just don't follow them.

I'm sure if I'm remembering correctly, the wording from the judge who decided not to release it , he implied there was something that wasn't in the public interest to know ?

It sounded odd at the time , wish I could find it again.

How was Harry able to get a “job” - ie BetterUp? This reportedly pays £1m per annum. I suppose an employer has to prove there is no suitable American who can do the job, and there is certainly no other Prince Harry 😂

Yes, I remember that too.

"It certainly appears that Harry was given special treatment," Howell's statement said, "and now we know it for something so serious that it involves extensive redactions.

One redacted section of the memorandum reads: "In particular, the summary judgment record reflects that the Duke has never disclosed publicly (among other things) the following facts: [redacted text].

https://www.newsweek.com/prince-harry-visa-lawsuit-heritage-foundation-1958563

Honestly, I have always thought this to be correct; that Harry, if he is on an A1 visa, is in breach of it, because he is working for himself, and not for the UK government. I'm not so sure now though.

As I understand it, there are 2 things to consider, visa classification and visa status. Classification is A1, A2, tourist etc. Status is diplomatic or otherwise. The diplomatic status gives you certain privileges and immunities, eg immunity from prosecution.

I had a look at the section 41.26 of the Code of Federal Regulations on diplomatic visa status. Assuming Harry holds a diplomatic passport (I'd have thought that was a given because of who he is) then he is eligible for a diplomatic visa regardless of his visa classification:

Classes of aliens eligible to receive diplomatic visas. A nonimmigrant alien who presents a diplomatic passport or its equivalent shall, if otherwise qualified, be eligible to receive a diplomatic visa if:
(1) The nonimmigrant alien is within one of the following categories, irrespective of the classification of the visa under § 41.12:
(i) Heads of states and their alternates;
(ii) Members of a reigning royal family;
(Goes on to list others so eligible.)

All heads of state automatically receive A1 classification and diplomatic status regardless of purpose of travel - they do not not have to be traveling on behalf of their government. All other visa applicants who are applying for an A-visa must be able to demonstrate a valid purpose of travel related to government work. However, if I am reading the above correctly, as a member of the royal family, Harry doesn't need an A- visa to have the diplomatic classification. That said, I have seen commentary saying he will get the equivalent of head of state treatment (and A1 classification) because he is in the RF, although they don't explain how they make this leap of logic.

My own conclusion is that whatever Harry's visa classification is and whether he breached this, or whether he lied on his form about drugs, the diplomatic status he would have been afforded for (presumably) holding a diplomatic passport and being a member of the RF affording him a diplomatic visa, left him exempt from checks on his application by DHS in the first place, and immune from prosecution or other action against him now.

I could be very wrong, though!!

But is there a difference about lying and getting the visa.

Obviously maybe he was honest and listed drug use, but this wasn't an issue (I don't imagine all heads of state/royal family members are drug free)

But would there be a difference if he didn't declare it?

This issue with rules and legislation is that Trump feels he is above it all.

It's not about Harry lying or not lying per se. He's not on trial. He's just being used as a test case because he's admitted to doing drugs, which would ordinarily rule you out of receiving a visa. It's about the process and decision making carried out by the Department for Homeland Security. Did they overlook potential lies/anomalies on the visa form? Did they waive through the application, despite a declaration of drug use that would have led to an ordinary citizen's application being thrown out? Do they give special status and waive their own rules about who is eligible to enter if that person is politically or socially backed up by the right people?

Remember, nobody knows what Harry's visa classification/status is, certainly not the Heritage Foundation when they started the case, and neither did the judge know for large parts of the proceedings because DHS weren't providing any information (and we still don't know what he's been told by DHS that cumulated in the judgment last year and him ending the case). The process may have been perfectly legitimate because certain visas like A1 diplomatic visas are under less scrutiny for things on the checklist like health status and drug taking; or Harry's been given special treatment that would not be afforded to a regular applicant because he's a royal; or something in between. Heritage don't care that Harry is there per se, they just want to know how rules are being applied/bent/ignored. Harry's just a pawn in their wider agenda over immigration.

Thanks @IAmATorturedPoet , I'm glad I'm not the only one who thought it odd .

i believe he (harry) is in the uk now with archie.

There was a most amusing rumour doing the rounds earlier this week, to wit: that the reason Harry did not attend the NGN trial, to which he emphatically stated he was looking forward, is because he's afraid he may not be allowed back into the US due to the ongoing challenges to his visa.

Having known people who've been banned from entering the US for much less (a very minor personal possession of a tiny amount of marijuana in one example, despite this person having children who were born in the US), and given that Trump is not the type to accord Harry special treatment based on his Royal status, I would not be especially surprised if this turns out to be true.

True or not, it's highly amusing.

The real test will be whether he attends Invictus in person....

Yep, living very close to the border is a well trodden workaround for people who need access to the States for family but can't get a permanent visa. There's whole towns of them. Shame Harry didn't think of this before he and Meghan comprehensively blew their relationship with her dad out of the water!

Did I read that Thomas was leaving Mexico for Thailand?

Yes @Burish , I think there was an article? And the journalist was helping him pack or something.

There was news programme/documentary on UK tv a couple of years ago about how care homes in the Philippines and Thailand are becoming more popular with western elders, because they are much more affordable to live in.

Interesting @TheCrowPeople ! , amazing how the little things all come together.

Most of it's now snowed under with the latest thing about the upcoming case, Jeff, but the best I could find is this: https://www.forbes.com/sites/maryroeloffs/2024/09/24/prince-harrys-visa-application-will-remain-private-despite-admitting-drug-use-judge-rules/

It also includes the bit about lawyers (Biden's, apparently ...) having said that the drug claims in Spare weren't "proof" and that he could have embellished reality to sell books

Fancy that

Thanks @Puzzledandpissedoff , yes I did snort at bidens assistance , basically saying it was fiction to sell the book !!!!
What we would call lies then 😂

So, today’s the day, for something to happen maybe?

As the case was dismissed and it was decided that releasing the visa record would compromise Harry's privacy, I'm guessing nothing much will happen. The judge will tell everyone to play nicely and send them all away with a lolly. The best outcome for the HF is that whatever intervention/correspondence came from Biden's office is released to them so they can make some mileage out of it.

Well even the Guardian had an article yesterday saying that the Judge should release information if he lied.

The Trump administration is completely unpredictable. It is however, in Trumps power to release such information. The Heritage Foundation will be hoping he does this if the Judge doesn’t.

Trump is promoting himself on having an open government (releasing eh JFK files) and being tough on immigration. This really would be right up his alley. It’s an easily, big headline win for him, if he was to do so.

Yes, he does have far bigger issues to deal with. But one of the features of his government, is how influential other actors are. All Trump has to do is approve the release if someone comes to him asking. For example, The Heritage Foundation, Farage etc. It’s not as if he gives anything any real thought. He certainly doesn’t think about consequences. Look how Musk can just go around making recommendations and Trump approving.

I mean the man is now talking about taking over Gaza. You can’t rule anything out.

Trump will be having a huge impact on Harry in other ways too. Better Up and the Aspen Institute have bother received money from USAID. That million dollar paycheque may be coming to an end. In addition, I doubt that US defence will continue to support Invictus Games and will focus on the Warrior Games. America First and all that.

That's interesting @Atlusvue , I will have a look for the Guardian article and the USAID issue.

On a flippant note: I don't want Harry back in the UK! Trump has to keep him, whatever he's done. He let him into the States first place, finders keepers!

Too right, @PigeonDress !

Guardian, opinion piece 4/2/2025

‘So the question is: did Prince Harry lie on his immigration forms or was he granted special treatment? The Heritage Foundation has been engaged in a long legal battle to try to get Harry’s visa application made public in order to answer that question.

I’m hardly a fan of the Heritage Foundation, but I do think it’s in the public’s interest to know these details. Last year, a judge disagreed. Now that there’s a new regime in Washington, however, that might change. It certainly doesn’t help Harry that Trump’s secretary of the Department of Homeland Security, Kristi Noem, is as attention-hungry and unpredictable as the president. Noem, who famously shot her own dog, has been making headlines by showing up at Trump’s deportation raids glammed up and photoshoot-ready in a bulletproof vest and an Immigration and Customs Enforcement baseball hat. She has also done recent media appearances in cowgirl gear and wearing a full border patrol uniform, earning her the nickname “Cosplay Kristi”. I wouldn’t put it past Noem to rock up to Harry’s Montecito mansion on horseback, dressed as George Washington, to haul him off and stick him in detention. But at least that would give him material for a new memoir.’