persecution includes, but not only limited to physical harm
The USA immigration law’s definition of "refugee” mentions the word "persecution" (See the Immigration and Nationality Act at I.N.A. Section 101(a)(42)).
The law, however, does not provide a separate definition of persecution, nor specifically list any types of harm that could qualify for consideration, except for the law that states people who have or fear being "forced to abort a pregnancy or to undergo involuntary sterilization...."
In most cases, asylum seekers must prove that their suffering or fear constitutes persecution. The 9th Circuit Court of Appeals stated that "Persecution covers a range of acts and harms," and "[t]he determination that actions rise to the level of persecution is very fact-dependent."
The 7th Circuit noted nevertheless, that, "actions must rise above the level of mere ‘harassment' to constitute persecution."
The following types of harm can equate to persecution:
physical violence: for example, beating, assault, handcuffing, rape or sexual abuse, female genital mutilation, electric shocks, invasive physical examinations, forced abortion or sterilization, forced labor, and so on, whether or not this caused serious injuries or long-term damage or required medical attention
torture: a severe human rights violation that may involve physical violence, deliberate infliction of mental harm, prolonged unlawful detention, rape, and sexual violence, and so on
other violations of human rights: for example, genocide or slavery
threats of harm: particularly if the threatened harm is serious, caused emotional or psychological damage, or are credible, for example, because the persecutor has already inflicted harm on the person or his or her family or others similarly situated
unlawful detention: punishment for a regular crime is not persecution, but if the person is detained without due process or formal charges or for discriminatory or political reasons, this may rise to the level of persecution, particularly if the detention was combined with mistreatment
infliction of mental, emotional, or psychological harm: this can include intimidation, surveillance, interference with privacy, long-term threats, or being forced to engage in conduct that is not physically painful or harmful but is abhorrent to the person's deepest beliefs
substantial economic discrimination or harm: for example, deliberate deprivation of food, housing, employment, or other life essentials, or ransacking, destruction, or confiscation of property
other discrimination or harassment: for example, passport denial, pressure to become an informer, or restrictions on access to education; also, some applicants might need to show a combination of actions against them if none by themselves was serious to fit traditional understandings of persecution.
The 2019 Flow Report revealed the top ten countries whose citizens received grants of asylum from USCIS included (from most to least):
Venezuela
China
Egypt
Turkey
Russia
Guatemala
El Salvador
Mexico
Nigeria
Honduras.
The Flow Report also provides figures for the top ten countries whose citizens received grants of asylum in immigration court proceedings, including (from most to least):
China
El Salvador
India
Guatemala
Honduras
Mexico
Cuba
Cameroon
Nepal
Venezuela.
