Prince Harry’s US immigration documents may finally be released now that Joe Biden is exiting the White House and Donald Trump is taking office, a key stakeholder has warned.

The Duke of Sussex’s visa application process was called into doubt when he admitted in his bombshell 2023 memoir that he had used recreational drugs in the past. In order to be able to live in the US, he would have had to declare this to immigration officials.

The US conservative think tank The Heritage Foundation has been embroiled in a long-running legal battle over the release of Harry’s immigration papers. A judge decided to block the release in September 2024, but a Heritage Foundation director believes Trump may give the green light and allow the documents to be made public.

Nile Gardiner, director of The Heritage Foundation’s Margaret Thatcher Center for Freedom, told MailOnline that there was a “strong possibility” that the think tank would be able to successfully appeal the decision.

The Heritage Foundation made a Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS) to release the files, which the DHS refused to do.

In response, the think tank sued the organisation, but a judge upheld the DHS’ position.

Now the Heritage Foundation is appealing that decision and Mr Gardiner is hopeful that President Trump will make sure the papers are released.

He said: “I do think there’s a strong possibility that this could happen. It’s the president’s prerogative.”

“Also the new Homeland Security Secretary could order a review of Harry’s immigration application.

“There are multiple things that could happen but it would be in the best interests of the American people if the Trump administration releases Prince Harry‘s records for public scrutiny and Harry should be held to account.”

Earlier this year, Trump suggested in an exclusive interview with Daily Express US could deport Harry if he is re-elected, warning the Duke of Sussex he “will not protect him” like Joe Biden.

His comments came 24 hours after the prince had appeared in court over whether he had lied on his immigration papers to the US about his drug use which he confessed to in his book Spare.

Trump said he was furious at the Joe Biden administration for “protecting Harry” by keeping his immigration application confidential.

He said: “I wouldn’t protect him. He betrayed the Queen. That’s unforgivable. He would be on his own if it was down to me.”