President Obama spoke last week of his intention to take executive action on immigration reform. Then over the weekend, the White House said any action will be delayed until after the November midterm elections.

But what happens if Republicans win control of the Senate in November?

Fox and Friends asked Judge Andrew Napolitano, who outlined a "poison pill" scenario in which the GOP-controlled Senate could seek to nullify the actions on immigration reform.

He explained that the most significant thing that the House and Senate could do would be to insert the language into a larger bill, since the president does not have line-item veto power. 

"He can't cross out something that he doesn't like and sign the rest. So if there's legislation he really needs and the country really wants and must have - like funding the Defense Department - they could sneak in there legislation nullifying these executive orders [and] he'd be forced to sign it," said Napolitano, adding that President Obama remains devoted to an "ideological view of transforming American society."

"These are not happy times in Washington ... [and] it's going to get worse in the next two years."

Watch his full analysis above.