Trump's Transportation Secretary Sean P. Duffy Announces Slate of America First Actions to Combat Mexico's Abuse of Bilateral Aviation Agreement, Anti-competitive Behavior
‘Let these actions serve as a warning to any country who thinks it can take advantage of the United States.’
WASHINGTON, D.C. / CRWE PRESS RELEASE / July 19, 2025 – U.S. Transportation Secretary Sean P. Duffy today announced a slate of America First actions to combat Mexico’s blatant disregard of the 2015 U.S.-Mexico Air Transport Agreement and its ongoing anti-competitive behavior.
Mexico has not been in compliance with the bilateral agreement since 2022 when it abruptly rescinded slots and then forced U.S. all-cargo carriers to relocate operations. Mexico claimed it was to allow for construction to alleviate congestion at Benito Juarez International Airport (MEX) that has yet to materialize three years later. By restricting slots and mandating that all-cargo operations move out of MEX, Mexico has broken its promise, disrupted the market, and left American businesses holding the bag for millions in increased costs.
“Joe Biden and Pete Buttigieg deliberately allowed Mexico to break our bilateral aviation agreement,”said U.S. Transportation Secretary Sean P. Duffy. “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.”
President Trump and Secretary Duffy are taking note of multiple other countries that are disregarding the terms of our air transport agreements. For example, 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. The Department is committed to enforcing our agreements to ensure that aviation markets are fair and pro-competitive.
The three America First actions include:
1. Part 213 Order requiring Mexican airlines to file schedules with the Department for all their U.S. operations.
2. Part 212 Order requiring prior DOT approval before operating any large passenger or cargo aircraft charter flights to or from the United States.
3. Supplemental Show Cause Order proposing the withdrawal of the Delta/Aeromexico joint venture’s antitrust immunity (ATI), thereby taking corrective action to address competitive issues in the market.
Additional Information:
On Slots
In 2022, Mexico seized historic slots from three U.S. carriers (American, Delta, United) and three Mexican carriers (Aeromexico, Viva Aerobus, Volaris) operating scheduled passenger services at MEX. This was done under the pretense of capacity constraints and operational limitations at MEX.
Despite repeated outreach from the Department, Mexico has not provided any information regarding when these slots would be returned or if any major construction projects at MEX will ever materialize.
On Air Cargo
In 2023, Mexico unilaterally forced all U.S. all-cargo carriers out of MEX under the same saturation pretenses with only 108 business days advance notice. Mexico has not taken any action to restore the operating rights of U.S. all-cargo carriers guaranteed in the U.S.-Mexico Air Transport Agreement.
On ATI
Antitrust immunity is an extraordinary authority that enables common pricing and revenue sharing.
As noted in the Show Cause Order:
“Since 2022, Mexico has altered the playing field significantly for airlines in ways that reduce competition and allow predominant competitors to gain an unfair advantage in the U.S.-Mexico market. The United States and Mexico have an air services agreement...that commits both parties to a liberalized operating environment for all airlines...Mexico has walked away from its commitments…Mexico arbitrarily reduced capacity at the country’s primary gateway airport in Mexico City, Benito Juarez International Airport (MEX), confiscated slots from U.S. carriers at MEX, and ordered all-cargo carriers to vacate MEX. In addition, Mexico lacks a transparent and non-discriminatory slot allocation regime that adheres to international standards and applies consistently across the country’s airports, including MEX. The lack of a coherent slot allocation regime and the prospect of arbitrary action looming at any time raises serious concerns about the long-term competitiveness of the U.S.-Mexico market and the ability of the Department to depend upon the air services agreement as a mechanism to ensure adequate competition. Mexico’s actions harm airlines seeking to enter the market, existing competitor airlines, consumers of air travel and products relying on time-sensitive air cargo shipments traded between the two countries, and other stakeholders in the American economy.”
The Department reserves the right to disapprove flight requests from Mexico should the country fail to take corrective action.
Should the Department finalize the ATI determinations, Delta/Aeromexico would be required to discontinue cooperation such as common pricing, capacity management, and revenue sharing that require antitrust immunity. However, Delta and Aeromexico would be able to continue their partnership through arms-length activities such as codesharing, marketing, and frequent flyer cooperation. Delta will also be able to retain its equity stake in Aeromexico and maintain all of its existing flying in the U.S-Mexico market unimpeded.
Media Contact
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Source: US Department of Transportation
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