U.S. government cites Trump's privacy over possible interactions with FBI as reason for not releasing Prince Harry's visa

Lawyers for the U.S. government cited a case involving Donald Trump as grounds for not releasing details of Prince Harry's immigration status.

They argue that a court ruling about the former president's privacy means Prince Harry is entitled to the same protection.

The Heritage Foundation, a Washington DC-based think tank has sued Joe Biden's Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA) for details of what visa Harry used to enter the U.S.

It wants to see if, given his admissions of drug use in his autobiography 'Spare', he has been given preferential treatment.

Prince Harry, Duke of Sussex, and Meghan, Duchess of Sussex, pose for a photo as they attend a program held in the Armed Forces Complex in Abuja, Nigeria on May 11, 2024

The DHS cited the Trump case as a reason not to divulge details about the royal, according to a transcript of a court hearing in Washington in February.

John Bardo, a lawyer for the department, said it concerned a case in which details of any interactions between Trump and the FBI prior to 2015, when he was a private citizen, were sought under an FOIA request.

He said the Prince Harry case was 'similar' to the Trump case in which 'the plaintiff had sought records regarding President Trump's interactions with the FBI prior to 2015.'

Donald Trump waves to supporters after meeting with Senate Republicans at the National Republican Senatorial Committee offices in Washington, DC, June 13, 2024

The Duke of Sussex departs The Invictus Games Foundation 10th Anniversary Service at St Paul's Cathedral on May 08, 2024 in London, England

Prince Harry, Duke of Sussex, attends an exhibition sitting volleyball match at Nigeria Unconquered, a community-based charitable organization dedicated to aiding wounded, injured, or sick servicemembers, as part of celebrations of Invictus Games anniversary in Abuja, Nigeria on May 11, 2024

Mr Bardo said: 'They found that President Trump, from when he was a private citizen, his privacy interests outweighed any public interest that there may be in previous interactions he may have had with the FBI.

'And I would argue, if President Trump has a privacy interest in that kind of interaction with the government, Prince Harry's privacy interest is even greater.

'Because he was never a governmental official in this country, has never appeared on a ballot in this country.'

He added: 'There is a much greater public interest in an interaction with a would-be elected officer than there is a member of the royal family of a foreign country.'

The Duke of Sussex attends a basketball event in Lagos, Nigeria, May 12, 2024

Meghan, the Duchess of Sussex, speaks during a women in Leadership events in Abuja, Nigeria, Saturday, May 11, 2024

It comes after suggestions Harry could have entered the United States on a rare category of diplomatic visa.

Last month, London-based US Immigration lawyer Melissa Chavin said Harry could have been on an 'A-1 Head of State' visa, which is used by heads of state and royal family members, since he is fifth in line to the throne.

'It's just extremely special,' she told Dailymail.com. 'And the security check is not the same. It's a lower security check.

'It's a visa especially for members of royal families. For an A-1 Head of State visa, the security and background check questions are not the same as for most visa applicants. They are only vetted for espionage, terrorism and activities contrary to US foreign policy.’

A Federal Bureau of Investigation building

United States District Judge Carl J. Nichols. Carl John Nichols is considering the case brought by The Heritage Foundation against the Biden Administration over Harry's immigration status

The Duke of Sussex attends a basketball event in Lagos, Nigeria, May 12, 2024

Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a polo fundraiser event in Lagos, Nigeria, May 12, 2024.

The A-1 'Head of State' visa is distinguishable from the A-1 visa, which is for senior diplomats.

Holders of an A1 visa, such as an ambassador, are supposed to come to the US to work as a senior diplomat.

But an A-1 Head of State visa holder is free to come to the US without working as a head of state or royal family member.

Harry, who has been in the U.S, since 2020, lives in a nine-bedroom mansion in Montecito, California mansion with his wife Meghan Markle and their two children.

In March, Trump hinted he could be deported from the US under his leadership.

The former president, 77, spoke with TV presenter Nigel Farage on GB News, where he suggested the royal would not get 'special privileges'.