Judge Andrew Napolitano said Thursday on “Special Report with Bret Baier” that while the number of executive orders President Obama has issued may not outnumber those of his predecessors, the types of actions he has pursued are cause for concern.

“The president of the United States said to 11 million illegal immigrants, ‘Hey, do A, B, C, D, and E, and I won't deport you,’” Judge Napolitano, Fox News' senior judicial analyst, said. “Where'd he get A, B, C, D, and E from? He made it up. So instead of enforcing the law, he’s telling 11 million people how to avoid obeying the law.”

Napolitano said Congress is fed up with presidents taking action without the legislative branch. He said the charge this week from Sen. Dianne Feinstein, D-Calif., that the CIA was spying on Senate staffers may cause lawmakers to demand more control.

“The dramatic change on enough is enough with the spying will cause the Congress, I believe, to begin to take back power it has been ceding to presidents since the New Deal,” he said.