Canadian Border Services Agency has detained 12 people detained in Manitoba jails since January.
Bashir Khan, a lawyer representing 37 of the asylum seekers who've crossed into Manitoba on foot, said none of his clients are in jail.
“I don’t believe any of these people who are being held right now in Manitoba jails are actually anyone who has come across from the United States into Canada,” he said.
The people currently being held in Manitoba jails would be Canadian permanent residents or foreign nationals who are being held in immigration detention for other reasons, he said.
A spokesperson with Manitoba Justice said the department does not distinguish between an immigration hold and a refugee hold.
Anyone who cannot be identified, is considered a flight risk, or poses a threat to the public, is detained.
A spokesperson for Public Safety Minister Ralph Goodale said there are always people held in immigration detention. In 2016, 56 people were held in immigration detention.
In 2014, there were 168 people, and 2012 saw 144 people detained.
Some people might be detained for months. Others are detained for a few days.