When Prince Harry published his debut memoir back in January, it was expected that he would ruffle some feathers within the royal family.
What no one anticipated, however, was that the Duke of Sussex’s candid confession could potentially get him deported.
In the book, Harry admitted to using drugs during past visits to the US.
Now, conservative think tank the Heritage Foundation is suing the Department of Homeland Security, alleging that Harry’s past drug use should have prevented him from obtaining a US visa.
To be clear, Harry’s days of hard-partying are well behind him, and the campaign to have him kicked out of the country is motivated entirely by politics, and not at all by the fear that he’s smuggling large quantities of cocaine into the LA area.
Still, as a non-citizen who’s here on a visa, Harry is subject to deportation at any time, for just about any reason, and the lawsuit is likely causing him at least a modicum of concern.
In a new piece for Forbes magazine, immigration expert Andy J. Semotiuk examines Harry’s case and weighs in on the likelihood that he could be forced to return to the UK.
“It may appear strange to those unfamiliar with U.S. immigration law that the mere fact that the Duke of Sussex admitted to previously taking cocaine, marijuana, and magic mushrooms at different times in his earlier life could have been enough to support refusing his entry into the United States by U.S. Customs and Border Protection officers. But it was,” he writes.
Semotiuk explains that the judge in this lawsuit will consider “the severity of the drug offense, including the type and quantity of drug involved.”
In his book, Harry admitted to using everything from cocaine to psychedelic mushrooms, both of which are Schedule I narcotics in the US.
Although to give you an idea of how ridiculous the scheduling system is, marijuana — which is now legal in 23 states — is on the same level as heroin.
According to Semotiuk, “the length of time since the drug use occurred” is also crucial.
Harry should be okay on that score, as it appears that he has not used any illicit narcotics in several years.
Harry might be asked to “demonstrate rehabilitation and evidence of reformation,” and while he never sought formal treatment as far as we know, the stability and productivity of his life in recent years should be sufficient evidence that he wasn’t derailed by drug use.
And finally, Harry might have to prove that “removal would cause significant hardship to a spouse, parent, or child who is a U.S. citizen,” and since his wife and kids are all US citizens, that should be fairly easy to do.
In short, it’s possible that Harry will be deported, but it’s very, very unlikely.
Of course, this lawsuit was never really about deportation, and the goal was always to cause stress to Harry and his much-maligned wife Meghan Markle by drumming up negative press.
And sadly, in that respect, the Heritage Foundation has been quite successful.
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