One reason for the shift may be an increase in the proportion of asylum-seekers with legal representation, which makes them success more likely, according to the report. But there are also better odds between illegal immigrants assigned to certain judges over others. Discrepancies have always been a part of the system, prompting Attorney General Alberto Gonzales to order a review of the asylum system in 2006. TRAC determined immigrants in some courtrooms still have a better chance of asylum than others, although discrepancies appear to be on the decline.

Asylum is a somewhat thorny subject because it allows judges to halt deportation for some individuals. Zeituni Onyango, Obama’s aunt, was granted asylum in May after she argued she would be in danger in hr native Kenya. The Kenyan government said she was lying about her need for asylum, and many conservatives agreed. Immigrants rights groups argue asylum is an important resource for protecting the lives of immigrants who may be in danger in their home country.

As Josh Micah Marshall at Talking Points Memo reported Saturday, Rep John Conyers (D-Mich), chairman of the House Judiciary Committee wrote an angry letter to Michael Chertoff, secretary of the Dept. of Homeland Security, saying the disclosure, by at least one “federal law enforcement official,” according to The AP, was “very disturbing” and warrants an investigation.

In fact, the disclosure wasn’t just disturbing –- it was either illegal, or it was approved directly by the U.S. attorney general. And, it endangered Onyango and any of her family that continue to live in Kenya.

According to the U.S. Code of Federal Regulations, 8 CFR 208.6, it is illegal to disclose that a noncitizen has applied for political asylum, without her explicit consent “or at the discretion of the attorney general.”

The Supreme Court, in United States v. Ray, explained the reason: because the applicant or her family could be subject to retaliation in their home country.

As an immigration authority fact sheet, cited by the court, explains: “Public disclosure of asylum-related information may subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant’s family members who may still be residing in the country of origin.”

According to Amnesty International, the last year in Kenya has seen a crisis of deadly political violence and grave human rights violations.

In other words, this leak wasn’t just a typical ugly attack against the Democratic presidential nominee — it may have been an unusually dangerous one.