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For nearly four years, the Trump Administration’s use of the Attorney General’s referral authority has been criticized by the legal left on both substantive and procedural grounds. With the advent of the Biden Administration, however, use of the authority for liberal ends deserves serious consideration. To conclude otherwise would be throwing the baby out with the bath water. This article argues that the referral authority can be used for liberal constructions of the immigration laws, and that the perfect model for the incoming administration is former Attorney General Robert Kennedy and his use of the authority for just such ends. Rather than continue recent Democrat Administrations’ failure to utilize the authority to its full potential, the Biden Administration should look to Kennedy for inspiration, and implement an aggressive use of the referral authority as part of its immigration agenda.

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Hofstra Law Review (forthcoming, 2021).