Judge Andrew Napolitano joined Megyn on "The Kelly File" to discuss President Obama's plans to take executive action on immigration reform after the midterm election, which would effectively grant amnesty to millions of people living in the U.S. illegally.

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"What I'm about to tell you and our viewers is frightening," Judge Nap said. "Here's what the president can do, totally on his own: he can open the borders. He can order the border patrol to do nothing when people present themselves at the borders who are absolutely and totally unqualified to come in."

Megyn pointed out that the president is talking about granting amnesty, not opening the borders, but Judge Nap said that recently Obama did in fact open the borders for 70,000 children.

Obama can also delay or terminate deportation proceedings, Judge Nap added, explaining that the president doesn't have the power to grant true amnesty, which requires congressional approval. He can only grant amnesty for the duration of his presidency and also cannot grant citizenship or the right to vote.

But he can invite people into the country, which gives them rights under the Constitution.

Watch the clip above to hear Judge Nap explain why he doesn't think Republicans will try to impeach Obama even if they capture the Senate.

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