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With the Senate still looking likely to flip, Democratic representative Luis Gutierrez urged President Obama to risk impeachment by granting amnesty to as many as 6 million illegal immigrants in the coming weeks — even taunting the president by suggesting that if he caves, he might as well become a Republican.

The Illinois lawmaker spoke with MSNBC’s election panel as the East Coast returns started piling in, racking up wins for the GOP and making a Senate takeover a greater probability. “What do you say if the president is threatened with impeachment for too dramatic a use of the executive order [on immigration]?” Chris Matthews asked.

Gutierrez rejected that fear, saying he assure the president he’s in “good standing.”

“If we are going to allow the Republicans’ threat of impeachment from stopping fairness and justice for our community, then you know what? Why don’t we all become Republicans then? And then we can all dictate the future,” he continued. ”We’re Democrats. And we have to stand for our values and our principles.”

“Everyone’s saying his legacy’s already written,” Gutierrez said. “No it isn’t. It will be written in the next 45 days when it comes vis a vis the immigration policy of this president.”