President Obama has promised to take in 10,000 Syrian refugees, as scores flood into European countries.

Some Republicans, however, have warned that ISIS or other suspected terrorists could infiltrate by purporting to be a refugee seeking asylum. 

Rep. Michael McCaul (R-TX), Homeland Security Committee chairman, said over the weekend that Obama's decision is "dangerous and reckless."

McCaul said he would oppose the plan unless a satisfactory screening process is in place.

"I've had Homeland Security officials and the intelligence community who all say to me that we don't have the systems in place on the ground in Syria to properly vet these individuals. We don't know who they are,” he said on ABC News. 

Today, a Lebanese official warned Britain's prime minister that he believes one in 50 refugees entering Europe could be jihadists. 

On "Fox and Friends," Judge Andrew Napolitano weighed in on the concerns and whether President Obama has the legal authority to bring these refugees into the country. 

Napolitano said once a refugee is here in the United States, the person is entitled to due process rights under the Constitution and is eligible for safety net programs. 

He said Obama can legally bring in refugees from a humanitarian crisis, with an office in the State Department funded for this process.

Napolitano added that the security concerns are valid. 

"Even the pope, who has a very big heart when it comes to refugees, ... has said ISIS is likely to be hidden among the refugees and the government should think twice before taking them in en masse," said Napolitano.

Watch the conversation above.