A new Obama administration rule, done without the approval of Congress, will make it easier for many illegal immigrants to stay in the U.S. or apply for permanent residency.

The new rule from the Department of Homeland Security would allow a person without U.S. citizenship to stay in the country while applying for a legal visa if they can show that separating from an American spouse, child or other family member during the application process would cause "extreme hardship."

Some critics are calling this, effectively, a form of amnesty. Judge Napolitano explained that his larger gripe is that Congress has continually "deferred" to the executive branch in the lawmaking process, with immigration being a prime example of an issue where legislators have failed to act.

Napolitano explained that Congressional Democrats are willing to let the president have control over something like this because he's "with them" on so many other issues.

"Ya know what, too many of these 'gimmes' and the president becomes a prince, or a king, and not a president," said Napolitano, who explained that Obama can currently make decisions on immigration issues by choosing which laws to enforce or not enforce.

Watch the interview: