MEXICO: An Introduction to Aviation

The past three years have been transformative for the Mexican judicial system and its broader legal landscape. Naturally, the aviation market has not been immune to these changes. Notably, however, traffic and demand for air services have remained at an all-time high between 2023 and 2025. According to figures from the Federal Civil Aviation Agency (AFAC), “airlines operating in Mexico transported 51.3 million passengers on regular flights between January and May 2025, a 3.7% year-over-year increase.” (Mexico Business News, 2025). This outcome is perhaps unexpected, considering the turbulent political and juridical landscape of the time, shaped by initiatives such as the prohibition of all cargo operations to and from Mexico City International Airport (AICM) that resulted in the movement of said carriers to the newer and more distant Felipe Ángeles International Airport (AIFA), slot reductions at AICM, and the controversial 2021–2023 downgrade of Mexican operators to Category II by the Federal Aviation Administration (FAA) of the United States.

Other notable developments, such as the 2024 judicial reform and the proposed initiative to reform the Ley de Amparo, have also influenced today’s complex legal landscape. Furthermore, the recent escalation of tensions between the Mexican and US governments – partly sparked by the Mexican government’s seizure of slots at AICM and its ban on cargo operations at the airport – has added to the complexity. This friction is evident in the Department of Transportation’s (DOT) decision to revoke the antitrust immunity enjoyed by the Aeroméxico-Delta joint venture since 2016. This alliance, long described as a “cornerstone of connectivity between US and Mexican markets”, will now end by January 2026. The US government has warned that reciprocal restrictions on Mexican carriers will follow if these measures – deemed to breach treaty-guaranteed market access – continue.

As noted, aviation activity levels in Mexico increased between 2023 and 2025. In 2024, the nation’s airports handled 119.46 million passengers (SECTUR, 2025). Predictions point toward a 4.5% increase in activity by the end of 2025.

Drivers of Mexico’s aviation market include its robust tourism industry, which saw a 4.8% increase in international air arrivals (7.86 million people) in Q1 of 2025 (SECTUR, 2025). Additionally, Mexico successfully retained its Category I classification, which the FAA reinstated in September 2023. This allowed Mexico’s aviation market to benefit from reciprocal traffic with the USA and renewed trust in its safety oversight. All of this occurred despite the slot cap placed on AICM, from 52 to 43 operations per hour as of 8 January 2024. This measure caused total passenger numbers at the airport to drop to 45.36 million in 2024, representing a 6.3% decrease from 2023 (Economista, 2025).

Yet, the multiple constraints that have challenged the Mexican aviation market in recent years have not reduced demand. The decline in transit at AICM, one of Latin America’s busiest airports, stems from governmental restrictions rather than any lack of passenger interest.

The changes made to Mexico’s judicial branch between 2024 and 2025 are significant, reshaping how individual cases are ruled upon and what remedies are available. Perhaps the most impactful of these reforms is the Judicial Reform of September 2024. This constitutional reform, advanced by former President Andrés Manuel López Obrador, was designed to “make Mexico’s judiciary more responsive to popular opinion and political influences.” Crucially, the reform introduces a system where judges at all levels are to be chosen through popular elections – a system unique to Mexico worldwide.

The reform also reduces the membership of the Supreme Court (SCJN) to nine justices. It abolishes the Council of the Federal Judicature and replaces it with two new bodies: the Tribunal of Judicial Discipline, tasked with investigating and sanctioning practices by judges and ministers that contravene the Constitution and the law, and the Judicial Administration Body, charged with managing the Judicial Branch of the Federation.

So far, the reform has faced intense criticism and concern over its potential to politicise rather than democratise the judiciary, raising alarms about the erosion of judicial independence. Critics argue that electing judges by popular vote could lead to decisions influenced by political agendas, undermining impartiality and the rule of law.

Additionally, an initiative has been introduced to reform the Ley de Amparo with the goal of making its application more selective. The proposal would establish broader requirements for demonstrating a petitioner’s direct “legitimate” interest in matters affecting the community. It would eliminate the possibility of granting a stay against pretrial detention and restrict such relief in cases involving illicit resources. In administrative and tax proceedings, stays would no longer produce general effects and would be granted only on a discretionary basis in connection with final tax credits. Finally, amparo judges would be required to conduct a more rigorous examination before granting stays.

This initiative presents both advantages and drawbacks. On the one hand, it could limit frivolous or overly broad amparo actions that burden the judiciary. On the other hand, it risks restricting fundamental rights protections and narrowing one of the most important remedies in Mexican constitutional law.

Mexico’s aviation industry has demonstrated resilience in the face of political, legal and regulatory turbulence. For the aviation sector – an industry inherently tied to both domestic regulation and international co-operation, the coming years will be decisive. The challenge will be to balance growth and connectivity with the uncertainties created by legal and political reforms, ensuring that Mexico remains a competitive and reliable hub in the global aviation market.