Mexico. — The Supreme Court of Justice of the Nation (SCJN) determined that it is constitutional to apply differentiated rates in the cost of the Mexican passport, depending on the validity period of the document, a measure that directly impacts
tourists and travelers.
The decision was made when resolving an amparo on review, in which the highest court concluded that the tiered pricing scheme complies with the principles of proportionality and tax equity.
According to the Court, a longer validity of the passport implies a broader benefit for the user, which justifies that the cost is higher compared to documents of shorter duration.
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The case originated after the dissatisfaction of a citizen who requested a passport with a 10-year validity and argued that the charge should be uniform. However, the SCJN confirmed that the difference in fees does not depend on the economic capacity of the applicant, but on the service received.
Currently, in Mexico, passports can be processed with different validity periods —such as 3, 6 or 10 years— and each option has a different cost, established by the Ministry of Foreign Affairs.
Specialists point out that this ruling provides legal certainty to the current charging scheme and allows maintaining a model in which users choose to pay more for longer-lasting documents, which is particularly relevant for frequent travelers and international tourists.
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Furthermore, the resolution reinforces the State’s power to set differentiated tariffs in public services, provided there is a reasonable justification based on the benefit obtained.
