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IBARRA v. TEXAS EMPLOYMENT COM'N

No. 86-2762.

823 F.2d 873 (1987)

Fidel B. IBARRA, Jr., et al., Plaintiffs-Appellees, v. TEXAS EMPLOYMENT COMMISSION, Defendant-Appellant, v. UNITED STATES DEPARTMENT OF LABOR and United States Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 6, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Lou Bright, Suzanne Formby, J. Patrick Wisemen, Asst. Attys. Gen., Austin, Tex., for defendant-appellant.

John F. Cordes, Dept. of Justice, Washington, D.C., Katherine S. Gruenheck, East Texas Legal Services, Inc., Nacogdoches, Tex., Farmworker Justice Fund, Inc., Kristine A. Poplawski, Washington, D.C., Richard S. Fischer, Nacogdoches, Tex., for U.S. Dept. of Labor & U.S. INS.

Before CLARK, Chief Judge, RANDALL, and DAVIS, Circuit Judges.

CLARK, Chief Judge:

The Texas Employment Commission (TEC) entered into a consent decree with plaintiff class of aliens defining what categories of aliens are "permanently residing in the United States under color of law" and thus eligible to receive unemployment compensation from TEC. See 26 U.S.C. § 3304(a)(14)(A); Tex.Rev.Civ.Stat.Ann. art. 5221b-1(h)(1) (Vernon 1987). Before the district court gave final approval to the decree, the Department of Labor...

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