Prince Harrys future in the United States could be decided by a man who once called his wife classic woke and accused her of wanting freebies.
Depending on what type of visa the Duke of Sussex is on his fate may rest in the hands of whoever Donald Trump appoints as Secretary of State.
A leading contender is Ric Grenell, the former U.S. ambassador to Germany who was also acting director of national intelligence in Trumps first term.
In the wake of the Duke and Duchess of Sussexs landmark interview with Oprah Winfrey on March 7, 2021, Grenell offered an uncompromising view.
Meghan Markle is the classic American woke progressive, he tweeted. She doesn’t want to do the work but is outraged she doesn’t get the freebies.
Potential Secretary of State Ric Grenell with Donald Trump
Prince Harry and Meghan, The Duke and Duchess of Sussex, released a video message at the Global Ministerial Conference on Violence Against Children in Colombia. this week
Another contender for Secretary of State is Senator Marco Rubio, who has not made his feelings on Prince Harry public.
Rubio takes a keen interest in British affairs and has in the past expressed fulsome praise for the late Queen, and Sir Winston Churchill.
The Dukes visa status remains secret after Judge Carl Nichols in Washington D.C. ruled on September 9 that U.S. government documents relating to it will not be made public.
The judge sealed his order so it is not known why he made that decision.
However, experts have indicated to Dailymail.com that the Duke may be on a rare diplomatic visa known as an A-1 Head of State visa.
According to the U.S. Code of Federal Regulations members of a reigning royal family qualify for a standard A-1 diplomatic visa but it is intended for when they are performing official duties.
A holder of an A-1 Head of State visa can be in the U.S. regardless of their purpose of travel, and can work if they so wish.
In receiving one there is a discretionary exception for anyone individually authorized by the U.S. State Department.
Prince Harry, Duke of Sussex presents the Walter Payton Man of the Year Award at the 13th Annual NFL Honors on February 8, 2024 in Las Vegas
Donald Trump greets Senator Marco Rubio, Republican of Florida, during a campaign rally at the J.S. Dorton Arena in Raleigh, North Carolina, on November 4, 2024
The regulations say: In any case in which there is uncertainty about the applicability of these regulations to a principal alien applicant requesting such nonimmigrant status, the matter shall be immediately referred to the (State) Department for consideration as to whether acceptance of accreditation will be granted.
Melissa Chavin, a U.K.-based immigration lawyer said such visas are proposed by the Foreign Office to the State Department and are very much this handshake arrangement.
The Duke would have duration of status and just need to be re-vetted from time to time.
It leaves open the possibility the Duke could have his status withdrawn.
If the American foreign ministry says hes counter to U.S. foreign policy then thats really going to anger the British foreign ministry. That would not be a nice thing to do to an ally, Chavin said.
Meghan Markle, Duchess of Sussex at the Childrens Hospital Los Angeles Gala, California on October 5, 2024
Meghan Markle, The Duchess of Sussex visits Girls Inc. of Greater Santa Barbara on October 02, 2024 in Santa Barbara, California
Maybe they will use it as a chip. maybe it comes up when the British are doing something the Americans dont like. So, its not a nice position for him (the Duke) to be in that he could be some chip in the game of diplomacy.
She added: I dont think they (the Trump administration) would do it for no reason, it would bring a really bad relationship. Its a chip for negotiating with the British.
The legal case over the Dukes visa status was brought under the Freedom of Information Act by a Washington D.C.-based think tank, the Heritage Foundation, against the Department of Homeland Security (DHS), which oversees immigration, rather than the State Department.
The think tank claims the Dukes admission to taking drugs in his 2023 memoir Spare could have made him ineligible for entry to the U.S.
Richard Grenell, a top advisor to former U.S. President Donald Trump and former Acting Director of National Intelligence
Eric Trump hints the British prince could be deported if his father wins presidential election
When applying for a non-diplomatic U.S. visa foreigners are asked on the DHSs DS160 visa form: Are you or have you ever been a drug abuser or addict?
They are also asked whether they have ever violated any law relating to controlled substances.
If they answer yes they can still receive a waiver.
Sources close to the Duke have previously indicated that he answered truthfully on his visa application.
However, it has not been confirmed which type of visa he applied for.
After the judges ruling the think tank is appealing and believes a Trump presidency makes it more likely the documents will ultimately be released.
It accuses the Biden administration of having bent over backwards to protect Prince Harry.
In March, Donald Trump suggested he could deport the Duke, telling GB News: We’ll have to see if they know something about the drugs, and if he lied they’ll have to take appropriate action.
Last month, Eric Trump, the President-elects son told Dailymail.com: Truthfully, I dont give a damn about Prince Harry and I dont think this country does either.
At a hearing in the legal case in February, Judge Nichols and John Bardo, the lawyer for the DHS, repeatedly discussed whether the Duke could be on an A-1 diplomatic visa.
Mr Bardo told the court: He could be on a Category A diplomatic visa. Its possible. We would argue that its possible,
If the Duke is on an A-1 visa his admission of drug use would not be an issue as holders do not have to be vetted for past abuse of drugs, addiction, or crimes related to drugs.
Nor would his later admission of drug use in his book affect such a visa.
The Duchess of Sussex addresses the audience during the Afro women and power forum at the Municipal Theatre in Cali, Colombia, on August 18, 2024
If he is on a diplomatic visa and it is revoked the Duke could still apply for a green card through is marriage to an American, or an O-1 visa for aliens of extraordinary ability.
However, experts have told Dailymail.com that could open up the Royal Family to having to declare private information to the U.S. government.
Under Americas Report of Foreign Bank and Financial Accounts (FBAR) law the Duke, if he becomes tax resident in the U.S., would have to disclose any bank accounts in the U.K.
Theres a reason the U.S. has royal visas, its to do with tax and foreign bank accounts, said Chavin. This would start to touch the rest of the Royal Family, not just him. Thats one of the reasons.
Its meant to be protective of things that should be private and affects other people like the King of England, things the British would be interested in keeping private.