Drugs and the legal cloud over Prince Harry’s immigration

A federal court will hear the lawsuit brought by the conservative Heritage Foundation against the Department of Homeland Security (DHS) seeking the public release of visa records of Prince Harry, who has lived in the U.S. since 2020 with his American wife, Meghan Markle.

In his recent memoir, Harry confessed to experimentation with drug use, which could have potentially made him ineligible to immigrate under U.S. law.

Though most dismiss this lawsuit as political theater, it raises valid questions for those who represent immigrants. Prince Harry’s case underscores the need for comprehensive drug and immigration reform. It raises questions about his exemption from deportation despite his admission to drug use in his memoir, highlighting the inconsistency in visa decisions from DHS.

Further, it emphasizes the importance of clear guidelines and fair treatment to ensure equal application of the law.

America’s immigration system, particularly when it comes to drug use, is inconsistent and enforcement is often contradictory. Under the Immigration and Nationality Act, visa officers are given very broad discretion in determining who should be admitted to the U.S. Foreigners seeking entry, whether to visit or live, can be held inadmissible if they are considered a “drug abuser” or addict.

But the definition of a drug abuser or addict is quite broad. Under federal regulations, all those who use marijuana more than once are considered drug addicts or abusers. Though unlikely, a U.S. border patrol agent or a visa officer at a U.S. embassy or consulate could hold someone using drugs in the past as inadmissible.

Between 2003 and 2018, more than 45,000 people were deported nationwide for possession of marijuana alone.

Certainly, given the broad discretion permitted to visa officers, the law is neither evenly nor equitably applied.

Jean Montrevil, a Haitian immigrant who came to the United States in 1986, was convicted of drug charges in 1990 and served a prison sentence. After his release, he also dedicated himself to being an advocate for immigrant rights. In 2018, he was deported to Haiti, despite having lived in the U.S. for over 30 years and having no other criminal convictions.

Canadian immigrant Justin Bieber has also confessed to using controlled substances. Bieber made his confessions in a highly publicized documentary, yet no action has ever been taken by DHS to scrutinize his visa eligibility or residency.

It is very dangerous to let DHS officials operate in the gap of a comprehensive policy. Immigrants should not be held to double standards. The country that allows DHS officials full discretion to deny entry based on murky drug laws is the same one that can’t agree on how to enforce those same laws within its own borders.

For foreign nationals affected by disjointed drug laws, this problem is much more serious, yet it is ignored in most conversations surrounding drug law reform. The government must enforce laws effectively and fairly without excluding or targeting certain individuals or communities from its application, even if the laws do need reform.

In an October 2022 statement, President Biden said that marijuana “is legal in many states, and criminal records for marijuana possession have led to needless barriers to employment, housing, and educational opportunities…It’s time that we right these wrongs.” This seems long overdue for people denied beginnings in the land of opportunity.

In immigration enforcement, we see this same disparity. Just as we see how the unfair enforcement of drug laws continues to hurt Black and Latino citizens, the same effects emerge within areas of the immigrant community as drug enforcement disproportionately impacts refugees. Considering the scrutiny the Department of Homeland Security places on violations of controlled substances, turning a blind eye to Harry’s public confession blatantly defies equality.

Why are some immigrants subject to harsh penalties relating to their immigration status, whereas others are not?

A double standard for the enforcement of laws is contrary to American governance and disastrous for our nation’s global image. Prince Harry’s case serves as a notable example, highlighting the importance of fair and consistent law enforcement and in turn, the need for reforms to ensure that is adequately reinforced.

When laws are not applied evenly, it becomes a catalyst for other harmful systemic issues. Elizabeth Cady Stanton wisely noted that evading the rule of law leads to the erosion of respect for law and, in turn, governance. “If one person can determine what is law, every man can,” she wrote.

The U.S. must focus on developing comprehensive drug reform and integrating policies that reinforce the fair and consistent application of laws for everyone to retain its credibility as a leading democracy and a welcoming nation for immigrants. After all, this country was built by immigrants seeking equality.

Chris Richardson is a former U.S. diplomat and co-founder of Argo Visa. Jauntavia Prather is a government relations associate for BDV Solutions, where she analyzes state and federal immigration and labor policy.