Secret evidence relating to the Duke of Sussex’s immigration records could yet be made public after a US court case was reopened.

On Wednesday, a judge in Washington DC suggested he will consider making public the “maximum” quantity of sealed documents relating to the Duke’s immigration status following claims he concealed his past drug use.

The Heritage Foundation, a conservative think tank, brought the case against the Department of Homeland Security (DHS) after it failed to secure the release of the Duke’s visa records via a freedom of information request.

The Duke, 40, admitted in his 2023 memoir, Spare, that he had taken drugs including cannabis, cocaine and psychedelics, which he would have been legally required to disclose on immigration forms before decamping to California with his wife, Meghan Markle, in 2020.

Judge Carl Nichols asked lawyers for the DHS to provide details of parts of the evidence it would like to remain redacted so that he could consider making parts of it public.

The same judge dismissed the lawsuit in September on the grounds that the Duke has a right to privacy, but it was revived by the think tank following Donald Trump’s inauguration.

Requests for redactions

In Wednesday’s hearing, Judge Nichols said he had been privy to secret records relating to Prince Harry’s visa status that are currently sealed from public view.

The judge said he wanted to see the “maximum disclosure as long as it doesn’t violate privacy”, when it comes to revealing evidence in the case.

He asked the DHS to submit requests for redactions from the documents he had seen in private, suggesting parts of the documents could then be made public.

John Bardo, a lawyer for the DHS, said the documents would be so unclear as to be a “shell” once redacted.

The judge later said he was “not 100 per cent sure” how he wished to proceed and would make a decision in “due course”.

It marks a stark turnaround in fortunes for the Heritage Foundation, after its claims were previously disregarded as “speculative assumptions” by the judge.

Lawyer ‘very happy’ with outcome

Speaking outside the court, Samuel Dewey, a lawyer for the Heritage Foundation, said they were “very happy” with the outcome and expects to have a decision from the judge in a “couple of weeks”.

It comes after two years of speculation about the type of immigration papers the Duke holds, with a visa, a green card or a diplomatic visa all mooted as possibilities.

The Duke is not directly involved in the legal proceedings and was not present in court.

US visa application forms specifically ask about past drug use, and admitting to taking narcotics can lead to applications being rejected.

The Heritage Foundation has argued that the law “generally renders such a person inadmissible for entry” to the US.

The think tank alleges that either the Duke left out information about his previous drug use from his visa application, or that he was given special dispensation by Joe Biden’s administration.

On Sept 9, the judge ruled that “the public does not have a strong interest in disclosure of the Duke’s immigration records”.

However, the case was back in court after the Heritage Foundation called for the judgment to be overturned.

Mr Trump, who has the power to intervene in the case and demand that documents be released, has previously warned that the Duke could face consequences if he lied about taking drugs on his US visa application.

Nial Gardiner, of the Heritage Foundation, said: “We have urged president Trump to release the records.”

“We believe this is an issue of accountability and transparency, and we believe the American public has a right to know whether Prince Harry was truthful on his application and whether he received preferential treatment.

“We have made our views very clear to the new administration, and we hope that with the new president in place there will be far greater openness and transparency.”

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