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Could President Obama be impeached over his coming unilateral move to overhaul US immigration enforcement?

Many Republicans are furious about reports that the president is considering executive action that would remove the threat of deportation for upward of 5 million immigrants in the US illegally. Announcement of such a move could come as early as next week, according to numerous news reports.

Given the level of anger, it was inevitable that some critics would start throwing around the 鈥淚鈥� word. Rep. Joe Barton (R) of Texas said last week that it would be a 鈥渃onsideration.鈥� On Fox News鈥� 鈥淭he Kelly File鈥� on Thursday, right-leaning commentator Charles Krauthammer said that Obama鈥檚 immigration order as outlined in the media would be 鈥渁n impeachable offense.鈥�

As Mr. Krauthammer noted, the legal basis for Obama鈥檚 move would be the ability of the executive branch to exercise discretion in the prosecution of crimes. That鈥檚 an accepted legal practice.

But in this case the order to exercise discretion, and not pursue immigration cases against millions of people otherwise subject to getting kicked out of the country, amounts to a unilateral rewriting of the law in question, according to Krauthammer.

Prosecutorial discretion is meant for a case or two at a time, he said on Fox. 鈥淚t was never intended to abolish a whole class of people subject to a law and to essentially abolish whole sections of a law. And that鈥檚 exactly what鈥檚 happening here,鈥� Krauthammer said.

Some legal experts don鈥檛 agree with that analysis. They say the executive branch has broad powers of prosecutorial discretion. The federal government鈥檚 law enforcement resources are limited and courts typically give the federal government wide latitude to decide the best way to deploy those resources.

In this case, the administration would be deferring action against the parents of children who are US citizens or legal residents. According to reports, the adults in question would have to have lived in the US at least five years to be eligible, thought that standard is not yet set in stone.

In essence, the White House would be putting these people at the bottom of the list of people eligible to be deported. There are some 11 million undocumented immigrants in the US. The Department of Homeland Security has the resources to deport only a few hundred thousand of those people annually. Somebody will be the on the bottom of the list; the question is how to decide that.

鈥淎s a legal matter, [Obama鈥檚] discretion is really broad. As a political matter, I think it鈥檚 much more constrained,鈥� University of California, Los Angeles law professor Hiroshi Motomura told Bloomberg Businessweek earlier this year.

That鈥檚 the crux of the impeachment matter. In impeachment proceedings, the House weighs whether a president has committed 鈥渢reason, bribery, or other high crimes or misdemeanors,鈥� in the words of the Constitution.

That鈥檚 as much a political decision as a legal one. There鈥檚 little consensus on what constitutes a 鈥渉igh crime鈥� in this case. If the question is 鈥淐an the president be impeached over immigration?鈥� the answer is 鈥測es.鈥� The House decides impeachment grounds.

The more relevant question, however, may be 鈥淲ill the House impeach Obama over immigration?鈥� The answer to that is almost certainly 鈥渘o.鈥�

The only GOP voices calling for impeachment are figures safe behind Fox News contracts, or fringe lawmakers. The majority of House and Senate Republicans think impeachment could quite possibly turn the country against their party. In July, House Speaker John Boehner ruled out impeaching Obama on grounds of general overreach of authority. Representative Boehner called impeachment talk 鈥渁 scam鈥� perpetuated by Democrats for their own ends.

The real fight here may not involve impeachment, but shutting down the government. Conservatives want the GOP to include provisions blocking Obama鈥檚 immigration actions on bills to fund the government.

Such a strategy would risk a White House veto, and another government shutdown. But most in the Republican leadership oppose such a move. For one, incoming Senate majority leader Mitch McConnell has said that鈥檚 not happening.

鈥淲e鈥檙e not shutting the government down or threatening to default on the national debt,鈥� Senator McConnell said in the wake of the GOP鈥檚 big mid-term victories.

So what can the GOP do? No impeachment, no government shutdown 鈥� is every big gun off the table?

One possible strategy would be to give Democrats a view of the future, writes Allahpundit at the right-leaning Hot Air site. Hold a press conference and say that a future GOP president will gladly accept the precedent of Obama鈥檚 expansion of executive power 鈥� by using that power to unilaterally impose a flat income tax on America.

鈥淟et鈥檚 make this threat . . . if only so that liberals know what鈥檚 in store for them down the road when they鈥檙e busy celebrating Obama鈥檚 authoritarianism next Friday,鈥� writes Allahpundit.