On Thursday, Joe Biden issued an Order to “augment the active Armed Forces of the United States for the effective conduct of Operation Atlantic Resolve” to include up to 3,000 members of the Selected Reserve, with up to 450 members of the Individual Ready Reserve (IRR). Meanwhile, our border remains open with over a hundred thousand arrests made last month alone by overworked US Border Patrol and other law enforcement officials.
The IRR is particularly interesting as it hasn’t been utilized in almost two decades. This Order does not call them to service but only gives authority to do so if “they deem necessary” The IRR consists of former active duty and reserve members who are no longer under obligation to drill, conduct annual training, or participate in any military activities until ordered by Presidential Authority. Essentially, it is junior enlisted officers who have an obligation after leaving their service once their contract has expired. Typically, a contract would be four years followed by four years of IRR service.
From the White House:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active Armed Forces of the United States for the effective conduct of Operation Atlantic Resolve in and around the United States European Command’s area of responsibility. In furtherance of this operation, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, not to exceed 3,000 total members at any one time, of whom not more than 450 may be members of the Individual Ready Reserve, as they deem necessary, and to terminate the service of those units and members ordered to active duty.
This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN JR.
From Title 10:
§12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency
(a) Authority.-Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces for any named operational mission or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section 10143(a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.
(b) Support for Responses to Certain Emergencies.-The authority under subsection (a) includes the authority to order a unit or member to active duty to provide assistance in responding to an emergency involving-
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.
