Days after several people were detained as part of an ICE raid at multiple used clothing stores in McAllen, charges against several of those people have been dropped.

Federal immigration officials arrested dozens of people, including a McAllen city commissioner, as part of the Oct. 2 raids.

Over a dozen people who were detained had their charges dropped last week, but are still behind bars.

READ THE ORIGINAL COVERAGE OF THE RAID HERE

The federal government claimed they were employed illegally on tourist visas, but a judge didn't buy that argument.

As part of a criminal investigation linked to the ICE raids, federal agents said they found people working illegally on tourist visas at several used clothing stores in South McAllen.

The federal government claimed several of the employees — including those at Cardenas General Merchandise at South Ware Road and Military Highway — were committing fraud at a port of entry every time they crossed to work at the warehouse.

The court ruled that a statute used by prosecutors didn't apply in this case.

RELATED STORY: Employees of used clothing store in McAllen accused of working in the country illegally

“The government was being creative in their argument and saying that every time the tourist visa holder was entering the country that they were applying for admission, and therefore they were committing fraud when they were applying for admission,” immigration attorney Carlos Moctezuma Garcia said. “The government presented its case through an agent and the judge found that there was not sufficient evidence to maintain—to move forward with that charge formally — and so those cases were dismissed."

Garcia represents one of the people whose case was dismissed. His client is an employee at Cardenas General Merchandise who entered the U.S. several times on a tourist visa, but he said she never overstayed.

Garcia said there was no evidence she lied on her visa application or ever formally applied for a job.

READ MORE: Judge grants bond for McAllen commissioner following appeal hearing

“This is an overly aggressive move by the government to charge people who perhaps could have been found to have administration violations,” Garcia said. “It's not very common and not very often seen, but in our particular case it seems the government was overreaching and applying laws that the court said didn't apply to these specific facts."

On Wednesday morning, some of the people whose charges were dropped have been released. Channel 5 News was told they were able to keep their visas and were taken back to Mexico.

Watch the video above for the full story.