Just because they're not in uniforms bearing arms does not mean they aren't an invading hostile force no matter how many ways you "lawyer" it.
Then Biden is guilty of treason for refusing to perform his sworn duty to defend the United States from enemies, referring to the millions of military age men who've invaded un-vetted - and Lord only knows how many of them are terrorists, cartel soldiers, purposely-freed lunatics, etc.
Still no. Imaginary enemies in peacetime will not cut it for a treason charge. It would suffice for impeachment and removal for deliberate failure to enforce the laws. President Kamala is his insurance policy against that. There is near-zero possibility that Congress will even remove Mayorkas.
To prosecute for treason you need a real war, of the declared type, against a real enemy nation.
Just because they're not in uniforms bearing arms does not mean they aren't an invading hostile force no matter how many ways you "lawyer" it.
There is no need to lawyer it. There are over two centuries of judicial precedent that the treason clause will be interpreted narrowly, just as the Framers drafted it. A charge of treason cannot be brought in peacetime. No alien can be prosecuted for treason. Nobody can be prosecuted for treason unless they are an American citizen, we are at war with another recognized nation or a recognized belligerent power (such as the Confederacy wat), and the American citizen levies war against the United States or one of the States, giving aid and comfort to the enemy.
It is the only criminal offense which is defined by the Constitution, in which required elements of proof are established above and beyond any other crime, and in which prosecution is significantly and deliberately hobbled.
There have been about a dozen treason convictions in the nation's history. The last such conviction was pursuant to actions taken during World War Two.
The Espionage Act is the favored vehicle for prosecution when problems with a Treason prosecution cannot be overcome. 18 U.S.C. 792-799. The Espionage Act of June 15, 1917 is at 40 Stat. 217-231. That is what was used to prosecute the Rosenberg's for spying for the U.S.S.R.