A draft memo obtained by Fox News reveals proposals for executive actions on immigration reform that could be announced by President Obama as early as this week.

As part of the 10-point plan, up to 4.5 million illegal immigrants living with their American-born kids would be allowed to stay in the U.S., an expansion of deferred action. The plan would also expand deferred action for DACA children.

On "The Kelly File" tonight, Judge Andrew Napolitano said that when President Obama suspends deportations of illegal aliens and when he imposes his own conditions on those suspensions, he's effectively rewriting the law, which violates his oath to uphold the law as written.

"When he says I will not enforce the law because I do not like it or I am impatient, that doesn't wash under the Constitution," Judge Nap said.

If Obama indeed suspends the prosecutions of nearly five million human beings under conditions he made up, that would be changing the statute, Judge Nap explained, which is the exact opposite of what the law commands.

"He's not the lawmaker, he's the law enforcer," Judge Nap said.

"When he grossly abuses his discretion and the effect of his discretion is to suspend a statute or to have the opposite effect of what the statute commands, that is a gross abuse. He will be playing with constitutional fire if he does this."

Watch his full analysis above.