Prince Harry and Meghan Markle, the Duke and Duchess of Sussex are, like Paris Hilton and a certain Armenian family from Los Angeles, famous for being famous. Prince Harry for being an almost defrocked Royal, and Markle for sleeping her way to the top, like Kamala Harris.
Harry could have had any woman, Royal or common, but chose an octoroon from Hollywood, and not even real Hollywood, but the low-rent imitation that uses cheaper Canadian studios and location shooting.
However, this is not about race or culture, but about immigration law. We know, of course, that Harry is a British citizen (not just a British subject) of the United Kingdom of Great Britain and Northern Ireland. That distinction is important: in American immigration law, a British subject needs a valid Non-Immigrant Visa (NIV) to enter the United States for any purpose, a British Citizen, however, may be exempt a NIV in certain circumstances under the Visa Waiver Program (VWP) if entering for a temporary visit for business or personal purposes. Both British subjects and citizens need an Immigrant Visa (IV) to enter the United States to live and work here. This will become important later, as both the Duke and Duchess need one.
The Markles have dropped out as Royal principals, having no official duties or status, and are private citizens. But of which countries? They have also decided to interfere in the 2020 election.
Harry and Meghan are “interfering in the US election and should be stripped of their royal titles,” Republican Jason Smith has demanded.
The Missouri congressman is set to send a letter to the British Ambassador of the United States, Karen Pierce, on Friday afternoon.
“As you know, the British Royal Family has long observed a policy of strict neutrality in regard to political matters,” he wrote in the letter, which was obtained by the Daily Mail.
“I am therefore concerned by the Duke and Duchess of Sussex‘s recent comments regarding the United States Presidential Election, especially given international conversations surrounding foreign interference in our elections and the Duke’s status as a guest of the United States.”
Prince Harry said: “When the bad outweighs the good, for many, whether we realise it or not, it erodes our ability to have compassion and our ability to put ourself in someone else’s shoes.”
He continued: “When one person buys into negativity online, the effects are felt exponentially. It‘s time to not only reflect, but act.“
Smith honed in on the couple’s comments, insisting that by allowing them to continue speaking on the matter is to “condone interference in the election.”
“It is my view the titles and privileges they retain by permission of Her Majesty the Queen, given with the advice and consent of her government, prevent the Duke and Duchess from separating comments made in a personal capacity from their official position within the British Royal Family,” he wrote.
[Prince Harry, Meghan Markle Accused Of “Intefering” [sic] In US Election, by Molly Mansfield, The Sun/News.com.au, October 10, 2020]
This is a clear partisan jab at President Trump and a serious criminal act by a foreign national. Prince Harry, or whatever his name is, Windsor, I understand, should be deported for such illegality, as well as the diplomatic faux pas, as it is unacceptable for other nations, not only Russia and Valdimir Putin, but the UK , to influence the election.
Now, the real Royals have issued a demur, claiming that Harry is merely a private citizen and has no official standing in the Royal Family.
“The Duke is not a working member of the Royal Family,” Buckingham Palace said [. sic]
The Times reached out to Buckingham Palace for comment and were told they “would not comment.” The palace added, “The Duke is not a working member of the Royal Family and any comments he makes are made in a personal capacity.”
[Palace Responds to Prince Harry’s Remarks on Voting, Calling Any Comments ‘Personal,’ by Stephanie Petit, People, September 23 2020]
Of course, this is ridiculous on its face. Harry retains his titles, he remains the Duke of Sussex and in the line of succession, though remote, to the Throne, though neither he nor Meghan use the His and Her Royal Highness (HRH) titles, apparently voluntarily. Harry, though, retains his British citizenship and his interference is criminal, at least according to the Democrats, who are furious about what they call "collusion."
But back to the claim by the Palace that Harry is here unofficially and is not a working member of the Royal Family. My sources tell me that Harry was admitted on an A-1 category Non-Immigrant Visa, which is only for foreign officials and diplomats accredited to the United States.
If this is correct, Harry is here in an official capacity. Rumor has it that he is receiving protection under the authority of the Diplomatic Security Service (DSS), the law enforcement and protection component of the U.S. Department of State (DOS) or by privately provided Special Deputy United States Marshals (SDUSM).
So, the Duke of Sussex is not in the United States as a private person. He is in the United States in an official capacity and is interfering in our election. He should be arrested and deported immediately.
Now, you say Harry is married to an American citizen, doesn't that make him a citizen with the right to talk about politics in the United States?
Wrong! Mere marriage to an American citizen does not bestow either citizenship or Lawful Permanent Residence (LPR). LPR status only comes after an application and approval of an application for an Immigrant Visa (IV). Harry has not been sponsored by Markle for a green card. In fact, one can argue that she cannot sponsor him for a green card.
But, you say, Meghan, at least, the Duchess of Sussex, is an American citizen. She can sponsor her husband. Well, not so fast. She is now a Duchess and received a Title of Nobility. That is prohibited by the Constitution.
And, by many accounts, she was naturalized as a British citizen upon her marriage and ennoblement, or has at least applied for British citizenship [LADY IN WAITING Meghan Markle is still waiting for British citizenship two years after applying, by Martha Cliff, The Sun, Nov 16 2019]. It seems hard to believe that she could become a Duchess, but not be a British citizen, or at least a subject.
Upon ennoblement, becoming the Duchess of Sussex, she became a British noblewoman, with allegiance to the British Monarch, Queen Elizabeth II. Generally, naturalization in another country by an American is not an act of expatriation, taking away their American citizenship, but in Markle's case, it is.
First, the Constitution says Americans can't be Duchesses.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
[Article I, Section IX, Clause VIII, Foreign Emoluments Clause, Constitution Annotated]
For Meghan the social climber, her marriage, ennoblement, and citizenship application, was an act of expatriation. Generally, a U.S. citizen can only expatriate by taking an oath of renunciation of citizenship before an American diplomatic official overseas. However, there are exceptions, such as waging war against the United States or other acts that are inherently expatriating.
Accepting a title of nobility is one such, as ennoblement is against the founding principles of the United States. One cannot mix royalty with a republic. One can have one or the other, but never both.
But the case for deporting Prince Harry, whatever his name is, is clearer and concise; he is in the United States illegally, either in a falsely obtained A-1 NIV of official status and interfering in the internal affairs of the United States, or he is in the United States in some other status, B-2? VWP? We don’t know.
My unconfirmed sources say A-1, but he could as likely been admitted a mere visitor for personal reason, the B-2 NIV. But since he has come to live in the United States with his wife, he is ineligible for a B-2 NIV. He is by legal definition an intending immigrant to the United States and needs an Immigrant Visa (IV), in this case an IV for the spouse of an American citizen for less than two years, CR-1 IV.
However, there is no evidence he obtained that IV and was consequently admitted for Lawful Permanent Residence (LPR). That, of course, would have been big news and likely resulted in his losing completely his royal status, getting a green card in the United States. That would have been a bad marketing move for Harry and Meghan.
The consequence of his not obtaining and being admitted with an Immigrant Visa (IV) is that he is an immigrant without an immigrant visa, he is deportable. He is now as much an illegal alien as any Mexican invader who ran the border.
He should have been refused admission when he arrived in the United States as an immigrant without a visa, under Section 212(a)(7)(i)(I) of the Immigration and Nationality Act of 1952, as amended.
(7) Documentation requirements.-
(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or
[Immigration and Nationality Act, undated]
Sadly, Harry was unlawfully admitted under whatever device he used to be admitted, either B-2, A-1, or VWP. And he needs to go, and by go, I mean deported posthaste.