Morena seeks constitutional reform to let Congress legislate on AI

Mexico's ruling party Morena has unveiled a draft initiative to reform Article 73 of the Constitution, granting Congress the power to legislate on artificial intelligence (AI). The proposal, announced by Deputy Gabriela Jiménez Godoy, aims to create a single federal framework based on input from state legislatures, addressing what she calls a regulatory vacuum that has left the country without certainty for people and productive sectors Source: La Jornada.

The problem

Since 2023, multiple AI bills have stalled in Congress, and no federal law exists. The Supreme Court (SCJN) has noted that since 2024, states including México, Sinaloa, Querétaro, Michoacán, Oaxaca, Jalisco, and San Luis Potosí have enacted their own AI rules. This patchwork, the initiative argues, "has produced heterogeneous regimes whose harmonization requires the competence this proposal establishes, in alliance with local legislatures and not in substitution of them" Source: Infobae. Without federal authority, Mexico risks "32 parallel regimes" that create uncertainty Source: La Jornada.

Legal gaps

The SCJN's Amparo Directo 6/2025 found that key AI issues—such as using protected works as training data, ownership of AI-generated inventions, and enforcing intellectual property rights against falsification and cloning—"lack a response in any Mexican instrument" Source: Infobae. The initiative proposes that, after the constitutional reform, Congress would convene local legislatures to gather opinions and enrich the draft law, leading to a comprehensive regulatory framework Source: La Jornada.

Political context

Morena's coordinator in the Chamber of Deputies, Ricardo Monreal, had earlier flagged AI legislation as a priority for the next ordinary session starting September 1. He stressed that regulating complex topics like AI requires broad agreements, not improvised decisions Source: Infobae. The proposal signals a push for federal oversight while aiming to harmonize state-level efforts.