No, the power to declare War is reserved to the Congress; however, when States are being invade a state of war already exists (invasion being an act of war, obviously). Just because Congress refuses to declare war does not mean that the country cannot be in a state of war... to assert that would be to assert that other countries cannot declare war on the US.
The power to repel invasions is not exclusive to the Congress. That is, it is absurd to insist that the States cannot defend themselves.
I’m not suggesting that the States cannot defend themselves. I’m suggesting that the mere act of two governors declaring a certain group of people to be “Invaders” does not have the Constitutional effect of rendering those people “enemies” such that any action taken by anyone (including the President, Congress, the Supreme Court, or the governors of any of the other 48 states) to be treason. Your logic essentially gives unchecked power (since, by your logic, even a Supreme Court ruling against the governors’ action would be treason) to any two+ governors who declare something to be an invasion. That’s absurd.
Technically nullification works just as well. Failure of the Federal government to enforce federal laws surrounding immigration would be grounds for a state, any state, to invoke nullification.
However, in this example, it would only provide the means for the state to remove foreign nationals found to be there illegally to another state in the union.
It wouldn’t provide the means of deportation unless coupled with outright secession.
I believe that would be a more profitable tack. Let the federal government attempt to pass amnesty, but have the state enforce the laws within their own territory and remove those foriegn nationals found illegally to the rest of the united states. Escorted + bus ticket out would probably be sufficient.
I imagine this scenario as a rough analogy.
The US continues inflating away our debt, someday the Chinese decided to invade California to regain some of their loss, but rather than declare a war, Congress decided to look the other way,( call it by another name, call it “liberating California” or something). Say the citizens of California wanted to fight back, what would be their recourse? They ARE in a way, it’s just that Congress is totally failing in its duty to recognize it.
I think this is the same situation. At that point one of the main reasons for the existence of the federal government is pretty much gone. There really are just a few constitutional reasons for the government at the federal level. If they have shredded the constitution up and refuse to abide by it, they have BROKEN THEIR CONTRACT with “We, the PEOPLE”, and at that point the states must kick in to protect their citizens.