There's also the US constitution to consider. The 3rd movie made clear that mutants were now recognized by the government and receiving representation on the president's cabinet.
The Equal Protection Clause of the 14th amendment to the US Constitution says:
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [Wikipedia] [US Constitution]
With these rights, Magneto's treatment before and during the events of X2 were illegal, and likely received much outrage when brought to light at the end of X2. The third film also discusses the morality of a 'cure', and the use of the 'cure' in weaponized form. This could also be a major legal/political issue, and likely angered a large portion of the mutant community.
With a president that is supportive of mutant rights, and as it could be believed that the 'cure' was final, it's possible that the government either pardoned or decided not to prosecute a now-broken old man who is believed to no longer be capable of posing a threat.
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