Utopia was Asteroid M -- crashed into American waters -- it was raised to create Utopia and Namor created new Atlantis under it with pillars to help support it. No taxes were imposed on it -- they were self sustaining (to a point) so it's in a unique position of not really being part of the United States -- was the New Atlantis considered part of the United States?
It's left unaddressed in the comics but I have yet to see The Avengers claim Utopia as part of the United States, as evidenced by Captain America never stepping onto the beach when he came for Hope. However, none of them were stopped from going back to New York to create the Jean Grey Institute and Scott and the Gang were going back and forth from San Francisco whenever they wanted to. Add to that the location of where Scott's new school is (last I heard it was in Canada) so who knows how borders and whatnot works.
As for Magneto being outlawed -- I don't know how that works -- he can be considered an accessory after the fact? Then again, so can everyone else who joined in helping the P5 -- maybe it's just whoever sided with Cyclops that became personae non gratae and just by being on American soil, they could be arrested.
The hypocrisy with Namor is pretty bad -- diplomatic immunity doesn't preclude heads of state from becoming persona non grata. He should at the very least prevented from entering the United States.
Ugh -- freaking Marvel.
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