Mexico’s Federal Civil Aviation Agency (AFAC) has authorized Volaris to operate 10 aircraft with foreign pilots between Dec. 1, 2025, and Jan. 12, 2026, a decision industry groups say violates Mexico’s Constitution and Civil Aviation Law.
According to documents cited by El Financiero, the authorization permits the airline to use crews from Malta and Lithuania, based at Mexico City International Airport and Guadalajara International Airport, under a wet-lease arrangement tied to compensation from engine manufacturer Pratt & Whitney.
Pilot unions and professional associations argue that the move contravenes Article 32 of the Constitution, which stipulates that only captains born in Mexico may command aircraft operating in national territory. They also contend that the approval circumvents regulations governing aircraft leasing. AFAC’s decision follows similar allowances granted in 2023 to Viva, which the airline said were necessary due to grounded aircraft.
The Asociación Sindical de Pilotos Aviadores de México (ASPA) formally rejected the authorization and urged the government to revoke it. “There are risks, and current law does not allow foreign pilots. There is no legal basis,” ASPA spokesperson José Suárez said. “We are formally requesting the revocation of this authorization because the captain in command cannot be a foreigner.”
Suárez said the union will pursue legal action against officials who approved the measure, adding that the authorization is linked not to cost savings but to compensation from Pratt & Whitney for grounded aircraft. He called on the Ministry of Infrastructure, Communications and Transport (SICT) to correct what he described as an irregularity and order AFAC to rescind approvals that contradict Mexican law. “The law does not admit partial or provisional violations,” he said.
The Colegio de Pilotos Aviadores de México (CPAM) also opposed the decision, stressing that Mexican pilots are available to meet operational needs. “Mexico does have pilots—Mexican professionals, certified and ready to fly. There is no technical or legal justification to replace them with foreign crews,” said CPAM President Ángel Domínguez. He added that the authorization conflicts with the administration’s emphasis on national sovereignty and its commitment to generate 100,000 jobs per year.
CPAM stated that if an airline cannot meet its operations without violating existing legislation, the issue stems from its own administrative decisions. The organization warned that allowing foreign crews under these circumstances “opens the door to concealed cabotage” and harms Mexican pilots’ labor rights. It called the approval “an unjustifiable precedent” that undermines the integrity of Mexico’s aviation regulatory framework.
Volaris did not comment when contacted by El Financiero. The airline has not publicly explained operational or commercial reasons that would require the use of foreign pilots. ASPA maintains that Volaris has sufficient personnel to operate the authorized flights without relying on foreign crews.
