MuslimMatters is pleased to announce the addition of yet another associate to our growing family of writers. Hebah Ahmed was born in Tennessee to Egyptian immigrants. Hebah is a social activist who works to dispel the myths about Islam and Women in Islam through community presentations and panel discussions. She also heads Daughterz of Eve, a local Muslim girls youth group. Her previous articles have appeared various publications, including CAIR-Chicago. Pls join us in welcoming Hebah to MM!
Recent efforts are underway in various parts of our country to legalize and expand the use of racial profiling with dangerous and far reaching consequences for U.S. residents including Muslims. Arizona Senate State Bill 1070 was signed into law by Governor Jan Brewer a few weeks ago, allowing law enforcement agencies to detain anybody “if there is reason to suspect they are illegal immigrants,” and requires legal immigrants to carry paperwork proving their status at all times. The new Arizona immigration legislation:
- Legalizes questioning and/or detention by local law enforcement of anyone they “suspect” is undocumented.
- Effectively requires all immigrants, even those who are naturalized, to carry identification proving their legal residency in the U.S., and grants police officers authority to enforce federal immigration law and arrest people who cannot produce identification.
- Criminalizes all undocumented immigrants as “trespassers” in the state of Arizona and would subject all undocumented workers and their families to arrest and conviction for misdemeanors, and in some cases felony charges for the new crime of “trespassing.”
- Allows police officers to arrest people without a warrant, thereby undermining constitutional safeguards under the Fourth Amendment.
- Allows residents to sue cities if they believe the law is not being enforced.
This measure transfers federal powers directing into the hands of the local police force to use their personal and individual judgments to decide when to stop a person they perceive to be without legal paperwork. The reasons given for such extreme measures include lack of federal enforcement at the border, increased drug crime, and the financial effects on the local economy of having a black market of workers who accept substandard wages. Although the reasons given are valid and require appropriate solutions, Arizona Senate Bill 1070 is not the answer. There is a profound fear in the civil rights community that the new measure will permit the practice of racial profiling by Arizona law enforcement personnel. In fact, what else can the police use to determine proper suspicion except racial profiling?
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The American-Arab Anti-Discrimination Committee (ADC) Legal Director, Abed Ayoub, pointed out: “To allow the use of racial profiling in law enforcement practices is both dangerous and unconstitutional. The measure signed into law by Gov. Brewer has a profound impact on not only the Latino community of Arizona, but on all individuals living in the state. This law also illustrates the pressing need for Congress, and the Obama Administration to pass comprehensive immigration reform.”
The law implicitly targets people of Hispanic origin although it is by no means limited to such. One has to ask why Arizona would prefer the local police force, who is already overwhelmed with domestic crime, to add immigration enforcement to their list of duties rather than stop the problem at the border. The inevitable outcome of such a law is to allow legalized harassment of the Hispanic population which currently makes up 20% of Arizona’s population and is growing. They are seen as a ghettoized, cheap labor force that has created a subculture not considered to be “assimilated” into America society.
Interestingly, half way across the world in France, laws with similar outcomes have just been implemented. The difference is that France’s laws are directly targeting Muslims instead of Hispanics, and they are using religious dress as a premise for harassment. Muslims are similarly estimated to be between 10 – 20% of the French population and are considered a ghettoized, cheap labor force that has created a subculture not considered to be “assimilated” into French society. France implemented the “Hijab Ban” several years ago, punishing girls who choose to wear the Hijab by preventing them from obtaining an education. Women are similarly discriminated against in government workplaces if they wear the Hijab. Recently, France passed a new law outlawing Niqab and assigning fines and jail time to women who choose to don the Niqab.
In both cases, the results are the same: the legalized harassment of a growing minority population, the disenfranchisement of a large voting bloc, and the increase of racism, stereotyping, and discrimination between average citizens. It seems that in these democracies, as long as the ruling class maintains the majority population, freedom and human rights are guaranteed for all. Once the ruling class’ majority standing is threatened, protection of individual freedoms is usurped, and discriminatory laws are permitted in an attempt to scare minority populations away.
Unlike in France, the new law in Arizona does not define the guidelines law enforcement should follow to detain individuals. Therefore, a police officer has an open door of interpretation (and stereotyping) to stop anyone, anywhere based on their individual whim. This means anything that makes a person stand out as “foreign” is grounds for suspicion and makes Muslims a possible target of this law. Aside from our Hispanic Muslim brothers and sisters, the Hijab or Niqab, darker skin, a long beard, and “Arab” or “Desi” features all make Muslims vulnerable to questioning their presence in the United States. It also gives a carte blanche to Islamaphobic police officers to stop and harass a Muslim any time without having constitutional just cause.
After September 11, 2001 and up until this recent Arizona law, racial profiling was used on a large yet limited scale at airports, the borders, and in immigration cases by federal officials to directly target Muslims and citizens of Arab and Indo-Pakistani origin. The use of such racial profiling was done in secret and officials have been unwilling to confirm the scope of its use. This new Arizona law directly legalizes and sanctions the use of racial profiling and greatly increases the scope of its use. Rather than simply falling under federal enforcement, the new law has expanded the use of racial profiling to all levels of government and law enforcement. Rather than simply being used in airports and at the borders, the new law allows the use of racial profiling on every street and public building in Arizona, with several other states lining up to follow suit. The prospect of corruption, misuse, and legalized harassment is enormous. In a statement, Council on American-Islamic Relations, Arizona Chapter Chairman Anas Hlayhel said, “American Muslims have faced the detrimental effects of racial profiling and we stand against the broad and generalized application of this practice. Racial profiling is ineffective policing which will build distrust and fear of law enforcement in the community.”
MAS Freedom Executive Director Mahdi Bray has called for “a full national mobilization of the American Muslim Community in our position to Arizona’s legalization of racial profiling. This misguided legislation will certainly unite millions of Americans from diverse backgrounds who recognize that what America needs is not racial profiling but a fair and equitable immigration policy.”
As Muslims, we should not wait until we are adversely affected by such laws to take a stand. Indeed standing up against injustice and for an oppressed people, be they Muslim or non-Muslim, is a requirement in Islam, is a means of changing the image of Muslims in America, serves as Dawah, and ensures that we will have allies when we once again become the targets. This could be as simple as educating friends and colleagues about this new law and voicing opposition as a Muslim. Individuals and Muslim organizations could contact other community groups whose members are affected by this type of legislation and voice support, form coalitions, and co-author statements against the bill. It is only through this type of local outreach that the tide will slowly change.
I often ask myself if I was alive during the Civil Rights Movement, if I would have cared enough to march with my African American brothers and stand up against the inhuman practices of segregation when I was not yet the target. I am sure many Muslims did stand up but I wonder if we as Muslims had mobilized and done more then, would we be in such a weak position now? Would the image of Islam be so negative that large numbers of Americans view us as terrorists and oppressors? Only when we begin to care about the plight of others can we expect them to care about our plight and start to see Islam as the true Mercy to mankind.
#Islam2 weeks ago
Amad
May 26, 2010 at 6:35 AM
Welcome to MM Sr. Hebah… we look forward to more of your contributions.
James White
May 26, 2010 at 8:02 AM
Greetings:
As an Arizona resident fully in support of SB 1070, I remain shocked at how few people who comment on it have actually read the bill. I have to ask, sir: why did you not accurately represent it? The bill specifically prohibits racial profiling. Further, the only way an inquiry can be made into a person’s legal residency is 1) if they have come into contact with police in the normal course of their duties (i.e., pulled over for running a red light, trespassing, arrested after a fight, etc.), and 2) if the person cannot provide a valid AZ driver’s license or identification card. [Your article is specifically in error in talking about the police using a mere “whim” to stop someone. I know the media has produced a frenzy of error about the law, but please, check your facts!] May I ask how anyone can seriously object to this? I have to provide my AZ driver’s license all the time: when boarding a plane, checking into a hotel, purchasing certain items, getting insurance, writing a check, etc. Once I left my license at home when shopping with a credit card, and had to go home to get it just to finish my purchase. Was I being persecuted or harassed for having to do so? Surely not. So in light of the violence being promulgated by illegal aliens in our state, the number of kidnappings, human smuggling, drug running (I have watched a truck stolen out of a church parking lot by just such a person) and in light of the utter unwillingness of the Federal government to close and protect the border, just what *should* a border state do? Telling our police officers, “No, you can’t ask about whether they are here legally” is simply insane. So please, before criticizing a bill that has the support of 70% of those of us who live in Arizona, read it (it is very short) and accurately represent all it has to say, please. Thank you.
Hassan
May 26, 2010 at 8:12 AM
Thank you James for some clarifications. i have few questions if you can answer:
1. If a white guy is stopped without license and a hispanic guy is stopped without license, are they going to ask both people about their immigration status?
2. Do people who are born US citizens, have to produce birth certificate? Would you like to go to jail till your family brings your birth certificate? Or you are not concerned, as they are only going to keep hispanics in jail, till their family brings certificate?
3. Are police trained to know nuances of immigration statuses and various proofs of documents? Believe me they are not easy to understand. I went to DPS (DMV) for my wife license and they asked her for proof of legality, which I provided, yet they did not know what is that document, they had to call different places to figure out what it is.
Hebah Ahmed
May 26, 2010 at 1:05 PM
Greetings James,
Thank you for your feedback. Just to clarify, I am actually a she.
You are correct, I should change the word “stop” to “question” anyone, anywhere based on their individual whim. After a “lawful stop”, what are the criterion the officer should use to determine whether “reasonable suspicion exists that the person is an alien who is unlawfully present in the United States”?
If a person does not have a valid AZ license, then what criterion does the officer use to ask for proof of residency? Is the officer required to ask every person he stops who does not have a valid AZ DL to present residency papers?
A last minute change to the bill did include the following phrase: “A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution.”
What are the guidelines for determining if an officer used racial profiling to questions a person’s residency?
Law experts have found the phrase “except to the extent permitted by the United States or Arizona Constitution” problematic in that racial profiling has been legally allowed in the past in both Arizona and at the federal level. It therefore leaves the use of racial profiling up to legal interpretation.
It is simply not as clear cut as you state. The legal loop holes are where the corruption occurs.
All this being said, I very much sympathize with the crime and violence the border states face and hope that a just solution that does not infringe on human rights is found at the national level.
Abd- Allah
May 26, 2010 at 2:58 PM
Your last name might have thrown him off. lol
Omar
May 26, 2010 at 1:59 PM
Wow Dr Oakley I am impressed that you actually read Muslim blogs. I guess “know your theological enemy”. My hat off to you, very commendable. (Dr White is a well Known Evangelical author and apologist who debates atheists, agnostics, Biblical scholars, Muslims, Catholics, and fellow Evangelicals on Calvinism)
I understand where you are coming from, that a certain segment of illegal immigrants have a much higher crime rate. So I see the motivation for the law. The problem is it does open the door for racial profiling, and needs many checks in place to ensure it does not get abused.
More important is addressing the root cause as to why certain communities are more prone to crime and gang violence. I suspect it has to do with low economic status, and a never ending spiral and slums from which is very hard to escape.
Finally, I think illegal immigration is tolerated by the government because it provides cheap labor that American’s wouldn’t provide. So it has economic pluses. Though by definition it is “illegal”, so you are right, there is a contradiction there.
peace
Sayf
May 26, 2010 at 3:02 PM
Correct me if I’m wrong, but if an officer stopped you and you failed to produce other evidence of legal residency would this law permit your arrest?
Here’s another scenario, let’s say a bunch of Hispanic residents are playing basketball somewhere in their neighborhood (shorts/tank-tops, no real reason to carry a wallet) and an officer stops by to check up on them (which is a normal occurrence and a reasonable stop for an officer to do), what happens when the majority of them fail to produce any ID?
Umm Reem
May 26, 2010 at 12:17 PM
welcome hebah… :)
Hebah Ahmed
May 26, 2010 at 1:17 PM
Jazak ALlahu Khairun my sister! :)
Ify Okoye
May 26, 2010 at 10:55 PM
Hebah, welcome to MM, may Allah azza wa jal make your time with us blessed and help us to benefit from your words and perspective.
Amatullah
May 27, 2010 at 2:06 AM
Ameen! Welcome sis Hebah, I’m looking forward to your contributions!
Hebah Ahmed
May 27, 2010 at 7:21 PM
Ameen and Jazak ALlahu Khair!
Siraaj
May 27, 2010 at 12:05 AM
While I empathize with the spirit behind the article, I don’t find its stance convincing. It screams of pandering to the left (akin to Keith Ellison’s gay rights alliance) without providing substantive discussion to the problem at hand, nor does it provide an answer of what should be done, either from the author or researched from experts on the matter. Approximately one line was dedicated to the opposing side’s arguments, but since it simply leads to racial profiling, those concerns become moot.
If this were a principled discussion as Muslims, let’s begin by stripping away the loaded terminology (both “illegals” and “undocumented workers” [some don’t work]) and start with what they are – illegal immigrants. The federal law is indeed being broken, and to ignore that is the first problem democrats have, mostly likely because they need the votes.
Let us also recognize that the majority of these illegal immigrants are here to work and support their families and they do an amazing job much of the time. These immigrants are here because life is unsustainable in their home country, whereas in America, working below minimum wage under the table provides for them adequately relative to where they came from.
Let’s be fair towards those who voted for this bill and acknowledge that many of them have concerns for their well-being in Arizona and that the federal government as of now has done an inadequate job stemming the tide of illegal immigration into Arizona and protecting its residents. Let’s also acknowledge that while there are those who have valid concerns, there are also racists among these people who just want non-whites out of their backyards.
Let’s also acknowledge that there are other political and corporate entities who wish to take advantage of this cheap, domestic, under-the-table labor because it saves them money and it allows them to use (and abuse) it with little to no repercussion.
Given this, I think demonizing the Arizona law as simple racial profiling is a bit much. It’ll score political brownie points with the democrats, but it is neither nuanced nor principled, nor does it deal with the realities on ground in Arizona or provide them a solution to their issues at hand while the federal government muddles through an oil spill.
I think the Muslim political position ought to acknowledge what is correct on both sides of the political aisle and seek to provide win-win solutions that can accommodate the concerns of both sides in the discussion.
Siraaj
PS: I’m a green card holder, and I carry my ID with me where ever I go because the ID says I have to be able to produce it if requested – that’s federal law, and I think it’s fine if it’s state law too.
Kwame Madden
May 27, 2010 at 1:20 AM
Know doubt this bill is about racism and white nationalism.The right has lots of momentium right now and it will continue to grow.What are some of there slogans ex.take back our country.This is a country that produced Tulsa Oklahoma Race Riot,Rosewood,Fl race riot..lynching .expulsion of the native population.Have we forgotten AIM [the Americian Indian Movement]]and the U.S.Govt repression of them.There are forces that can down right nasty and will carry it out.Lets not forget that when Slick Willie Bill Clinton put NAFTA into effect immigration along the border acclerated even more.Many farmers went out of busniess in Mexico ,labor standards plummented even more.Let me just say there are whole lot of nuisances to this issue many of don’t know anything about.The Black Agenda Report has written some good articles on this bill please if you can take a look at them.
Farhan
May 27, 2010 at 2:57 AM
While I agree that this is an unacceptable law, you have to eliminate what brings it about, not just the effects. In particular, that’s illegal immigration.
Illegal immigration only comes about because America’s economy is better than Mexico’s economy. And, that only occurs because of anti-business, anti-wealth policies that are in South America (and now spreading to the US). These policies market themselves as “helping the poor”, but do nothing but put the poor deeper and deeper into poverty.
I’m one of maybe 6 Muslims I know who lean libertarian (well, not entirely libertarian, but largely). Most prefer left-wing policies :-(
Abd- Allah
May 27, 2010 at 3:26 AM
I personally don’t think that this law is going to solve the problem, and in reality, the issue needs to be addressed from its roots. Illegal immigrants will continue to come into the US illegally as long as there are some people who are hiring them. If people Americans don’t hire them because they are in the country illegally, then many of them will reconsider before they do decide to come over, again. Even if illegal immigrants are arrested and sent back to their own country, they will simply come back over again illegally. That is why this law can not and will not solve this problem, because they can always come back, and they will come back, and being arrested and sent back will not prevent them from coming back just as many of them are arrested at the border and sent back, yet the next day they try again and cross over illegally, over and over until they make it. So arresting them and sending them back is not a solution, and that is all what this law actually does. There needs to be an actual solution for the main cause of the issue here, which is illegal immigrants find work here and are hired by Americans, and if that didn’t happen then many of them won’t be coming here. So that is what really needs to be addressed legally, which is hiring illegal immigrants and giving them work by American citizens.
Kwame Madden
May 27, 2010 at 7:23 AM
There have been many good points raised on this issue on this topic.But one thing that we all might of skipped over i that we barely here anything from the labor movement in this country.What type of comprohensive policies they would like to see put forward in addressing this issue.Labor in the U.S. must unite with there brothers and sisters in other countries and address these draconian policies of big business.Also we must more aware of labor policies that are exploative and will eventually lead to undermining workers here and abroad.Example in the last 15yrs autoworkers have been giving back so much in labor negotiation especially medical benefits.Workers are just not vauled hey are look down upon and it shows in how we as nation treat them.
abu abdAllah Tariq Ahmed
May 27, 2010 at 4:40 PM
The real sources of “illegal immigration” are greed, the willingness to exploit others to satisfy greed or worse than that, and a lack of fear of the accounting of the Day of Judgment.
Too many people are willing to exploit workers if they can, just to save money. Slavery is abolished in America, child labor is outlawed, but the government still has to fight against things like manipulating of timecards, unpaid overtime, unpaid interns (in cases where they are really just unpaid or underpaid workers).
And then of course there are legions of agricultural workers, construction workers, domestic help, “landscaping specialists,” and so many other jobs — such a large percentage of these who are undocumented workers and the reason is that their employers can carry a mighty and weighty stick with which to grab their forelocks — “la migra.”
With one mouth the law will actually claim that employers who use illegal-sweatshops or illegal-and-dangerous working conditions, who pay illegally-low wages, or who illegally-harrass workers will be punished. But when the worker faces deportation, the brute becomes bold. And the greedy become self-righteous.
It is sad that these workers are blamed for filling the economic opportunity that only exists because of employers willing to break the law. But the willingness to exploit workers applies to all workers: besides those examples I listed at the top, consider the case of everylegal -work-permit-holding immigrant who does not hold green card status, and who cannot complain at any exploitation by his or her employer for fear of losing his temporary status.
My comment has nothing to do with the bill, directly, except that its authors only punish the weakest link in the problem they claim to be solving. How laudable is that? Think they could pass a bill that would add language jailing the employers of those people caught by the law? Of imposing very heft fines, on the employers — fines to pay for all the extra time added to the work of the police?
Taqwa would save all of these people from deliberately and wantonly transgressing, both those accused of consuming the wealth of others and those who are self-righteously enjoying their exploitation of a fearful labor force.
Yaqeen needed
May 27, 2010 at 9:33 PM
Taqwa? Does taqwa and American thinking or psyche sync?
Taqwa propels you to think and work for the akhira. American thinking makes you feel cool with the dunya. Arizona is just a facet of it.
Hebah Ahmed
May 27, 2010 at 7:44 PM
AlhumduliLah I think this is a really good discussion to help inform each other about the very complicated factors that affect the whole topic of immigration reform. Just to add a few more points…
There are actually 2 issues that need to be solved, the flow of new illegals into the country and the ones who are already here.
In dealing with the flow into the country, this bill does actually have provisions to punish smugglers who help bring illegals in and employers who employ illegals knowingly. I think is a first step in solving this issue because if there are no jobs and the enablers are punished sufficiently, then you take away the reason for coming over. If you add to that a much more robust border control, economic development with Mexico, and begin to deal with the discrepancy in living standards, maybe you have a chance to make a dent. The drug trade and violence associated is a whole other ball of wax. This is not a clear cut partisan (left leaning) issue since many of the right wingers are benefiting from the low cost labor force. My understanding is that in Texas this type of bill has opposition from both sides of the aisle.
As for those who are already here, this is where the racial profiling aspect comes in. The bill does little to deal with the actual problem. Implementation of this bill will probably create another problem, which is filling our prisons more (costing the tax payers more) and putting more work on an already backlogged INS. It is unrealistic to think all the illegals (or even a large percentage) will be kicked out of Arizona. They will more likely sit indefinitely in an INS detention center. So what is really the goal of this bill with regards to those who are already here?
And why not make the law such that anyone without a valid AZ Driver’s license has to carry papers proving their legal status and have the officers ask for proof from everyone? That way you take out the individual judgment call.
A feasible solution I have heard to the problem of those who are already here is to create a process for which they can become legal, through fines, back taxes, learning English, etc. Many say this rewards their illegal entry to this country but we have to also acknowledge the role the U.S. played in allowing (perhaps encouraging?) this to occur – through weak borders, benefiting from cheap labor, and trade agreements that encouraged poverty across the border.
Only when we sincerely work towards an equitable solution on a global scale and acknowledge mistakes made by the U.S. in the past will we be able to move towards something which is just and lasting, rather than just more political band-aiding.
Siraaj
May 28, 2010 at 6:18 AM
I’ve read the bill, and if you want to understand it, you have to read it from the perspective of an Arizona resident trying to resolve an issue within Arizona. What they have done is create a bill that reinforces federal law at the state level. In fact, the provisions that is making the most headlines are the same in federal law.
What is additional is what you’ve mentioned – laws that provide prevent human smuggling and punishing employers for hiring illegal immigrants. It also requires all employers to run every person through the federal e-verify program before hiring them and maintaining records of that employee. If they’re found in violation, they can be fined and have all relevant licenses they require to run their business revoked. It further makes unlawful for random people to stop in the middle of the road to stop and pick up illegal immigrants (and people in general, actually) for employment purposes. Finally, it also allows a person to submit paper work to the attorney general pointing out which businesses are employing illegal immigrants and if found to be lying, makes that lie a crime.
I agree with what you’ve said about comprehensive reform, and the federal government is the one to do this, not the state government – the concern of the state government in this case is essentially, what do we do to protect ourselves when the federal government is unable to pursue all illegal immigrants? Do you allow them to remain and work illegally or not? I believe the bill is attempting to address the issue from various angles, by removing the financial incentive, by criminalizing employment, and by giving federal authority to state police officers.
What’s interesting to note is that if a person doesn’t provide appropriate identification, they will still make an honest attempt to check their records and see who this person is. If they can’t, the person is turned over to the federal government, and that’s it.
I think the law itself is fine – if our concern is simply the racial profiling, then address that specific angle of it, not the whole bill. Call for terms that allow for legal residents to sue if they feel they were unreasonably targeted or treated. I don’t believe requiring everyone must prove residence is reasonable simply because the bill is out to mimic federal law, and federal law doesn’t require this.
Finally, I believe if we Muslims are going to be a part of the solution, jumping on the democrat bandwagon on this issue is not the place – Arizona is simply enforcing more efficiently what is already on the books, and this is what many democrats don’t like. If this is poor policy, then I believe our place is better served in lobbying at the federal level for measures that take into account the issues you’ve mentioned, and finding a way to turn the illegal immigrants into legal workers with rights.
Siraaj
Mansoor Ansari
August 31, 2010 at 11:54 AM
Siraaj,
Can these individual be asked for an ID no matter whr they are… at the park?
What if they r US born citizens & don’t have a driver license? Or they r under 18 but look like they are over 18?
What if I have MA, NY or WA license… is that good enough even though it doesn’t proof if I m legal or not!
I don’t have a green card, it’s under process so the proof of legality for me is this huge 70 page file… do i have to carry it everywhr I go?
Hebah Ahmed
May 27, 2010 at 8:11 PM
Check out this story:
Deportation Nightmare: Eduardo Caraballo, US Citizen Born In Puerto Rico, Detained As Illegal Immigrant
http://www.huffingtonpost.com/2010/05/25/deportation-nightmare-edu_n_588788.html
Sayf
May 27, 2010 at 9:01 PM
Conan O’ Brien:
William Polite
June 24, 2010 at 2:35 AM
Illegal immigrants are indeed criminals and every society has an inherent right to identify and punish criminals.
Dealing with the process of legal immigration has made me appreciate more the correct position against illegal immigration. Unlike Arab countries–in which one can be born and never become a citizen and in which one’s status is based on ethnic groupings–America allows legal immigrants to pursue citizenship and equal rights.
With the understanding that many “Muslims” have used illegal or unethical means to enter Western society, and that the purpose generally is for economic reasons, it can be seen why articles such as this appear.
Even so, Muslims must respect law and order. Supporting illegal immigration (supporting crime) is not justified by the “racial profiling” excuse.
another white brother
June 24, 2010 at 7:14 AM
Tell it to the Cherokee, Choctaw, Dakota, Cheyenne, Apache, etc