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American government lawyers fighting to keep 'law enforcement' documents related to Prince Harry's visa application secret over fears there would be 'stigma' attached if published
American government lawyers are fighting to keep 'law enforcement' documents related to Prince Harry's visa application secret, claiming there would be 'stigma attached' if they were published.
The argument is contained in a 53-page court transcript which was due to be released last night.
The development comes after a hearing in February in which a think-tank argued that details of the Duke of Sussex's March 2020 visa application – in particular, how he answered questions on drug use – should be made public.
In the court transcript, lawyers for the Department of Homeland Security (DHS) claim Harry has a right to privacy and his visa documents should remain sealed.
In response to a question from the judge about the 'privacy interest that the government is asserting on the duke's behalf', DHS lawyer John Bardo replied: 'Well, many of these records, Your Honour, are law enforcement records.
Prince Harry pictured at The Invictus Games 10th Anniversary Service at St Paul's Cathedral on May 8. American government lawyers are fighting to keep 'law enforcement' documents related to Prince Harry's visa application secret, claiming there would be 'stigma attached' if they were published
Harry pictured this month in Lagos with wife Meghan Markle (far right) and Nigeria Chief of Defense Staff Christopher Musa (far left), his wife Lilian Musa (second left), Lagos State Governor, Babajide Sanwo-Olu (third right) and his wife, Ibijoke Sanwo-Olu (third left)
'So there is a stigma associated with being mentioned in a law enforcement record.'
He added that the records contained 'confidential law enforcement tools and techniques'.
It is the first time law enforcement records have been mentioned in connection with the duke's visa case.
And while it is currently unclear what records are being referred to, an LA-based immigration lawyer said last night: 'Law enforcement records could mean the police, FBI, airport police, secret service, military police or even the highway patrol. The word that jumps out is "stigma". It is not a word you would expect to see in a routine visa application.
'It's a highly unusual word not usually seen in cases like this and it begs the question, what is in there that could attach a stigma to Prince Harry's application?
'There is no way of knowing until the records are made public.'
Conservative think-tank The Heritage Foundation is suing the DHS to try to force the release of all documents relating to how Harry entered – and remains living in – America. Visa applicants must answer yes or no to the question: 'Are you or have you ever been a drug abuser or addict?'
In his memoir Spare (pictured), Harry admitted using cocaine, psychedelic mushrooms and marijuana.
Judge Carl Nichols (pictured) is reviewing the documents in private and is expected to made a judgment 'within weeks' about whether they should be made public
In his memoir Spare, Harry admitted using cocaine, psychedelic mushrooms and marijuana.
The Heritage Foundation has argued the autobiography meant the duke had given up any right to privacy. However, DHS lawyer Mr Bardo said Spare 'isn't sworn testimony or proof'.
Judge Carl Nichols is reviewing the documents in private and is expected to made a judgment 'within weeks' about whether they should be made public.