First of all, our own government weighed the situation and by their own voice declared that this situation does not warrant invoking a declaration of war. You and I might like to think otherwise, but they made it clear that in the government's eyes, this is NOT a war.
Secondly, there has been post after post recommending actions that could be taken that would violate the rights of no person. Even if it is a declared war, that is no justification for violating rights.