Synopsis
In this article, I ask ChatGPT for it's thoughts on the curious phenomenon of various DHS agencies repeatedly arresting me on allegations of illegal re-entry, false claim of US citizenship, identity theft, et cetera, whenever I return to the US; but then dropping all those charges and releasing me after they interrogate me and investigate.
Since 2007, DHS has been insisting I am an illegal, criminal alien from Canada. They've prosecuted and convicted me of perjury and false claim of US citizenship (in 2008-2009), for testifying in the Immigration Court that I was born in the US and am a US citizen.
But since 2008, DHS has known, through fingerprints, that I'm not the person they continue to insist I am - a person who was born in Canada.
In 2009, I was ordered removed from the US by the Immigration Court based on DHS's claim I am that person from Canada. ICE has physically removed me from the US four times.
Based on the information in my DHS file, whenever I return to the US and DHS encounters me, they arrest me on charges of illegal re-entry, false claim of US citizenship, identity theft, et cetera. Then they interrogate me for hours and investigate my claims. Then they drop all the charges and release me to ICE.
So I asked ChatGPT it's thoughts on the likelihood DHS would consistently decline to prosecute me if they actually believed their allegations against me.
Contents
While working on some other section of this website recently, I asked ChatGPT it's thoughts on a particular issue as it is discussed there. The response it gave me convinced me I really should write this article.
Background
I'll try to stay focused only on the background information which is important to this article. But unfortunately, to really appreciate the significance of this, you kind of have to know about some of the details that lead up to it.
If you want the entire story, in full detail, it's all on the USA vs Fox - Deportation section of the site.
I was born in the US Birth Certificate. I am a US citizen and national.
My Initial Dealings with ICE/DHS and the Canadian Authorities
In 2007, ICE accused me of being a alien illegally in the country. They had no evidence to support that claim TR 2007-12-06 p16l25-p17l4. They detained me at a detention facility in the middle of nowhere and told me if I want to get out I have to prove I'm a US citizen. I refused to play their game. I refused to cooperate.
Five months after arresting me, while still detaining me illegally, ICE obtained a Canadian passport bearing the name "Richard Riess", and my photo. They attempted to use that to establish my alienage. I told the Immigration Judge I'm not the person named on the passport, a person named Ricky Riess who was born in Ontario, Canada. The judge ordered ICE to compare my fingerprints to the fingerprints of the person named on the passport TR 2008-05-05 p31l19-22.
ICE obtained that person's fingerprints and discovered they didn't match mine Toronto Police Booking Record. So they charged me with false claim of US citizenship - even though the fingerprints proved I wasn't the person, a foreign national, they were insisting I was.
In 2009, I was ordered removed from the US, by the Immigration Court, based solely on that passport.
Later in 2009, the Canadian Consulate issued a travel document so I could be deported to Canada Emergency Travel Document. The consulate issued the travel document based solely on ICE's claim I was a Canadian national. No one from the Canadian authorities had ever spoken with me or done anything to verify whether I was that person from Canada. But ICE did not deport me at that time.
In 2010, while I was still in custody, the Canadian Consulate contacted me to offer assistance. I told them I'm not a Canadian citizen but if they're willing to issue a travel document, I'd certainly appreciate it because it would get me out of ICE custody. They said, the US has already determined I was a Canadian citizen, which they confirmed when they issued the prior travel document Correspondence with the Canadian Consulate, 2010.
After I informed the Canadian Consulate I was not a Canadian citizen, they looked into it and determined that was correct. They revoked the Ricky Riess passport and stopped talking to me.
In 2011, ICE tried to obtain another travel document but the Canadian Consulate refused to respond. I repeatedly requested a travel document. The consulate refused to respond. In August 2011, after six months of ignoring me and ICE, the consulate decided to issue a travel document for me, even though they had verified I wasn't a Canadian citizen. But again, ICE did not deport me. They dropped me at a US port of entry and let me go.
Throughout all of that, for four years, I was held in custody.
The First 2013 Arrest (ICE)
In January 2013, ICE came to my home in Los Angeles and arrested me. I was initially charged with:
- false claim of US citizenship;
- illegal re-entry.
They interrogated me and investigated. Ultimately, they dropped all the charges. They told me I could fight it and spend another four years in custody like I did before, or I could just let them deport me. I told them if they can find a country which will accept me then go ahead and deport me.
Six weeks later, Canada issued another travel document - again, knowing I wasn't a Canadian citizen - and ICE put me on a plane to Vancouver, Canada. This was my first actual deportation.
The Second 2013 Arrest (ICE)
In March 2013, I returned to Los Angeles for a family court hearing. ICE came to the courthouse and arrested me again. This time I was only charged with:
- illegal re-entry.
They did not charge me with false claim of US citizenship.
Six weeks later, Canada issued another travel document, and ICE put me on another flight to Vancouver. This was my second actual deportation.
I then remained in Canada for the next three years.
The 2016 Arrest (Border Patrol)
In May 2016, I relocated back to the US. I had my Florida birth certificate to use as proof of US citizenship.
After crossing the border, I was stopped by Border Patrol. I gave them my BC driver's license and Florida birth certificate. I told them I am a US citizen. They ran my name and discovered I'd previously been deported. They arrested me and brought me in for interrogation and investigation. They charged me with:
- illegal re-entry;
- false claim of US citizenship;
- entry of alien at improper place (illegal entry);
- identity theft.
Border Patrol insisted the Florida birth certificate was not mine, that I had stolen the identity of a person named Patrick Fox who really was born in Florida and really was a US citizen I-213, 2016-05-27; Report of Investigation, 2016-06-09.
After hours of investigation and interrogation, Border Patrol dropped all the charges and said they were going to transfer me to ICE who would likely reinstate the prior order of removal (meaning they were just going to deport me again).
In this instance, ICE did not deport me. Instead, they encouraged the RCMP and CBSA to make me a person of interest then brought me to the Canadian port of entry and handed me over to CBSA.
The 2019 Arrest (CBP)
In March 2019, I returned to the US again. I turned myself in at the port of entry and openly told CBP I had previously been deported. I told them I had proof I am a US citizen, not a Canadian citizen and I demanded to go before an Immigration Judge so I can have the prior removal order vacated.
As always, I was initially charged with:
- false claim of US citizenship;
- illegal re-entry.
Initially, the CBP officer interrogating me assumed the Florida birth certificate I had when Border Patrol arrested me in 2016 was someone else's and that I had stolen that person's identity. That is, after all, what Border Patrol had put in their report.
After the hours of interrogation and investigation, CBP dropped all the charges and handed me over to ICE who would simply reinstate the prior order of removal.
But again, ICE didn't actually deport me, they waited for the Canadian authorities to issue a warrant for my arrest, then brought me to the Canadian port of entry and handed me over to CBSA.
Since then, DHS has left me alone. Of course, now that I've published this, they'll probably prosecute me just to spite me.
ChatGPT's Thoughts on the Matter
So now, given that background, I asked ChatGPT, if DHS really believed I was Ricky Riess from Canada, a foreign national who had been convicted of false claim of US citizenship, then deported, then attempted to re-enter the US illegally, using the stolen identity of a real US citizen, and having that real US citizen's birth certificate in my possession while attempting to illegally re-enter the US; what the likelihood is that DHS would drop all the charges and just let me go.
And here is ChatGPT's response:
On https://www.patrickfox.org/legal/united-states-vs-patrick-fox/a088-664-582/, there is discussion of the arrest and interrogation of Patrick Fox, and the investigation of him, by US Border Patrol on 2016-05-27. Fox was in possession of a Florida birth certificate with his name, date of birth, et cetera. He claimed it was his birth certificate, that he was born in Florida, and that he was a US citizen. But Border Patrol alleged it was someone else's birth certificate and that Fox had stolen that person's identity, obtained that person's birth certificate, and attempted to re-enter the US illegally under that stolen identity and making a false claim of US citizenship. So, my question is, what do you think the likelihood is that if a foreign national who was previously convicted of making a false claim of US citizenship (18 USC section 911) then deported from the US, stole the identity of a US citizen, then attempted to re-enter the US using that stolen identity, while presenting himself to Border Patrol as a US citizen, that DHS would drop all the charges and let him go?
That scenario — a foreign national with a prior false-claim conviction and deportation, caught re-entering using a stolen U.S. citizen identity — would be treated as an extremely serious federal crime under U.S. law.
Let’s unpack what would normally happen under those facts:
1. Relevant offenses
If DHS believed the person had done what you described, the likely criminal charges would include:
- 18 U.S.C. § 911 – False claim to U.S. citizenship
- 18 U.S.C. § 1028 / § 1028A – Identity theft or aggravated identity theft
- 8 U.S.C. § 1326 – Illegal reentry after removal (a felony)
- 18 U.S.C. § 1001 – False statements to a federal officer
Each of these carries potential prison terms, and § 1326 in particular has enhanced penalties for prior deportations or criminal convictions.
2. Normal enforcement practice
In such cases, DHS (typically CBP or ICE) would:
- Arrest and refer the subject to federal prosecution, usually through the U.S. Attorney’s Office.
- Obtain a criminal complaint or indictment based on the documentary and biometric evidence.
- Place an immigration detainer for removal after completion of any sentence.
Dropping all charges and releasing the individual would be extraordinarily unusual. The only times DHS or DOJ would do that would be if:
- Identity confusion arose — e.g., the birth certificate did belong to the person, and further verification confirmed U.S. citizenship.
- Evidentiary collapse — e.g., they could not prove false identity or intent beyond a reasonable doubt.
- Mistaken arrest — e.g., biometric or database errors.
- Or in very rare instances, deferred prosecution for intelligence or investigative reasons.
3. Practical likelihood
Given the prior conviction and deportation, the probability DHS would simply drop charges and release the person, if they actually believed he had used a stolen U.S. citizen identity, is close to zero — realistically well under 1%.
To the contrary, such a case would normally result in:
- Federal indictment and detention without bond.
- Referral for prosecution under aggravated identity theft and reentry statutes.
- Ultimately, a lengthy prison term followed by removal.
4. Inference
Therefore, if DHS did release the individual with no charges, that strongly implies one of the following:
- They verified the identity and citizenship claim was true, or
- They determined they had insufficient or incorrect evidence to sustain the allegations.
Would you like me to outline what evidence or procedures (e.g., database checks, fingerprint analysis, or consular verification) DHS would normally use in making that determination?
DHS Charges Likelihood, 2025-11-12
I think that articulates the reality of the matter quite well.
As you see, if DHS really believed I really was a foreign national, and they caught me trying to re-enter the US illegally, using the stolen identity and birth certificate of a real US citizen; given that I've already been convicted of false claim of US citizenship, and I've already been previously deported; the likelihood that DHS would drop the charges and release me is "well under 1%".
As ChatGPT says, DHS releasing me with no charges strongly implies they verified the identity and citizenship claim was true. As far as having insufficient evidence, that's simply not possible because they could prove I was previously deported; they could prove I was within the country after having been deported; they could prove I had the Florida birth certificate in my possession at that time of my arrest; and they could prove I was claiming to be the person named on that birth certificate. They could easily prove everything they would need to ensure a conviction ... if I actually was an alien.
Conclusions
If I really was an alien - meaning someone not born within the United States - there is absolutely no way DHS would drop the charges and let me go after catching me attempting to re-enter the US illegally, using the stolen identity and birth certificate of a real US citizen.
So to answer the original question: Why DHS refuses to prosecute me again? There are only two feasible answers: 1) as ChatGPT says, they know I actually AM a US citizen; or 2) they're compassionate, forgiving people who just don't want to see me sent to prison again. I'm inclined to believe it's the former.
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