The United States Department of Transportation (DOT) has taken decisive action against Mexico, citing a “blatant disregard” and “abuse” of the 2015 U.S.-Mexico Air Transport Agreement. This dramatic move underscores rising tensions in bilateral aviation relations and sets the stage for what could be a broader regulatory crackdown involving international air traffic rights.
DOT Accuses Mexico of Systematic Treaty Breaches
At the heart of the controversy lies a series of aggressive regulatory maneuvers by the Mexican government, which the U.S. DOT believes have violated key provisions of the bilateral air transport accord. According to the DOT, Mexican authorities rescinded airport slots at Mexico City International Airport (MEX) from U.S. carriers under false pretenses and forced American cargo airlines to relocate to Felipe Ángeles International Airport (NLU), a secondary airport 35 kilometers north of Mexico City.
This, the DOT claims, breaches Annex I(B) and Article 11 of the treaty, which guarantee equal and fair market access. Transportation Secretary Sean P. Duffy condemned Mexico’s actions as “anti-competitive” and in direct violation of international norms, declaring:
“Joe Biden and Pete Buttigieg deliberately allowed Mexico to break our bilateral aviation agreement. That ends today. Let these actions serve as a warning to any country who thinks it can take advantage of the U.S., our carriers, and our market. America First means fighting for the fundamental principle of fairness.”
Retaliatory Measures: Three-Pronged Action Plan by the U.S.
In response, the DOT has introduced a three-point strategy to rebalance the aviation relationship and enforce compliance:
- Part 212 Order: All Mexican carriers must now obtain prior DOT approval for large aircraft operations to the United States.
- Part 213 Order: Mexican airlines are required to file detailed flight schedules in advance with the DOT.
- Show Cause Order: A proposal to revoke antitrust immunity for the joint venture between Delta Air Lines and Aeromexico, which would eliminate shared pricing and revenue agreements.
The orders are expected to go into full effect by July 29, at which point Mexican carriers will need to be in full compliance or risk suspension of flight permissions.
The MEX Slot Controversy: A Pattern of Obstruction
The confiscation of takeoff and landing slots at MEX in August 2022 is at the center of the dispute. These slots, which are essential for airline operations, were previously held by major U.S. airlines, including American Airlines, Delta Air Lines, and United Airlines. Mexican carriers Aeromexico, Viva Aerobus, and Volaris were also impacted.
Citing “capacity constraints” and “construction works” that allegedly required a temporary reduction in airport activity, the Mexican government slashed hourly movements at MEX from 61 to 52, and eventually down to 43 during the winter season. However, according to the DOT, no significant construction work has taken place since that declaration, and no meaningful operational improvements have justified the restrictions.
“The basis for these significant operational reductions remains unclear as nothing physically has changed with respect to either the terminals or the runways at MEX; MEX had operated at a usage rate of 61 movements per hour since 2014,” stated a DOT analysis.
The agency believes the move was an intentional strategy to shift operations away from MEX to the government-promoted NLU airport, seen as underutilized and less desirable for international traffic.
Cargo Airlines Forced Out: Disruption in Trade Logistics
In a February 2023 directive, Mexico ordered all cargo carriers to vacate MEX within 108 days, citing the same vague rationale used in the slot dispute. Cargo airlines—many based in the U.S.—were compelled to reroute operations to NLU. The DOT argues that this action not only hurt cargo carriers economically but also violated the principle of fair access, a core tenet of the 2015 bilateral agreement.
Despite repeated attempts by U.S. authorities to seek dialogue and reinstate cargo access to MEX, Mexico has refused to restore these rights. This has caused prolonged disruption for companies dependent on MEX’s central location for quick access to Mexico’s capital and major industries.
High-Stakes Implications for Delta-Aeromexico Joint Venture
One of the most high-profile casualties of the U.S. regulatory push could be the Delta Air Lines–Aeromexico joint venture, which was launched in 2017 and has since become a cornerstone of U.S.-Mexico connectivity.
The venture allowed the two airlines to coordinate schedules, share revenue, and offer passengers a seamless experience across multiple transborder routes. However, if the DOT revokes antitrust immunity, this would force the two carriers to operate independently, eliminating joint pricing strategies and potentially leading to a drop in route efficiency and passenger options.
The DOT has also cited Mexico’s broader failure to comply with competitive standards as one of the reasons for previously rejecting another proposed partnership, between Allegiant Air and Viva Aerobus.
Industry analysts warn that the dismantling of the Delta–Aeromexico alliance could have a ripple effect, weakening U.S. carriers’ market positions in Latin America and impacting millions of travelers annually.
Biden Administration’s Regulatory Landscape vs. Trump’s Outlook
The enforcement of these retaliatory measures highlights the Biden administration’s tougher stance on antitrust and international agreements. The Department of Transportation under Biden has been increasingly skeptical of airline mergers, joint ventures, and operational consolidations, especially when concerns over competition are involved.
This has led to speculation that the outcome of the upcoming presidential election could significantly reshape the policy direction. Under a Trump administration, many believe there could be a reconsideration of previously denied airline deals, including the Delta–Aeromexico JV, especially if it is dissolved under current pressure. There is also an expectation that “America First” language may translate into more aggressive enforcement, as seen in Duffy’s recent statements.
U.S. Warns Other Countries Over Treaty Compliance
In a broader warning, the DOT stated that other countries—particularly in Europe—should take note of the U.S. response to Mexico. The agency specifically referenced the Netherlands and Amsterdam Schiphol Airport (AMS), where authorities have proposed flight movement caps in an effort to address environmental concerns.
The DOT insists that any such restrictions must follow the Balanced Approach laid out in international aviation frameworks, which requires noise abatement and other non-restrictive measures to be prioritized before enacting outright flight reductions.
“We are monitoring European States to ensure that they apply the Balanced Approach process for noise abatement at their airports and do not implement unjustified operational restrictions.”
Future of U.S.-Mexico Aviation Ties Hangs in the Balance
The escalation of this aviation dispute signals a potential turning point in U.S.-Mexico commercial air relations. The aggressive measures announced by the DOT represent a deliberate shift away from diplomacy toward hardline regulatory enforcement, reflecting growing frustration over prolonged noncompliance by Mexico.
As the July 29 deadline looms, all eyes are on whether Mexican carriers will comply or whether the situation will deteriorate further. With billions of dollars in air traffic, tourism, cargo logistics, and business travel at stake, the implications of these actions could ripple far beyond the tarmac.
If the antitrust immunity is formally revoked, and if Mexico fails to address the DOT’s concerns, a deep fragmentation of the U.S.-Mexico air travel ecosystem may be unavoidable. Either way, this latest confrontation sends an unmistakable message: the U.S. is willing to use every regulatory tool at its disposal to defend its commercial aviation interests and ensure compliance with international agreements.
