Yes, but you distract from the main issue; religious persecution is one of many criteria for asylum. Now it is the only criterion for a waiver grant.
Furthermore, it is not clear that the Sunni/Shia split meets the standard defined in this document (though I agree that it absolutely should).
No other reason for persecution is stated. Text:
(b) Upon the resumption of USRAP admissions, the Secretary of
State, in consultation with the Secretary of Homeland Security,
is further directed to make changes, to the extent permitted by
law, to prioritize refugee claims made by individuals on the
basis of religious-based persecution, provided that the religion
of the individual is a minority religion in the individual's
country of nationality. Where necessary and appropriate, the
Secretaries of State and Homeland Security shall recommend
legislation to the President that would assist with such
prioritization.
