shall select aliens to participate in the program from designated groups specified in paragraph (4) if the Secretary determines that such aliens are not flight risks or dangers to the community. (2) Voluntary participation An alien’s participation in the program is voluntary and shall not confer any rights or benefits to the alien under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). (3) Limitation on participation (A) In general Only aliens who are in expedited removal proceedings under section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) may participate in the program. (B) Rules of construction (i) Aliens applying for asylum Aliens who have established a credible fear of persecution and have been referred to the Executive Office for Immigration Review for an asylum hearing shall not be considered to be in expedited removal proceedings and the custody status of such aliens after service of a Notice to Appear shall be determined in accordance with the procedures governing aliens in removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a ). (ii) Unaccompanied alien children Unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act ( 6 U.S.C. 279(g)(2) )) shall be considered to be in the care and exclusive custody of the Department of Health and Human Services and shall not be subject to expedited removal and shall not be permitted to participate in the program. (4) Designated groups The designated groups referred to in paragraph (1) are the following: (A) Alien parents who are being detained with one or more of their children, and their detained children. (B) Aliens who have serious medical or mental health needs. (C) Aliens who are mentally retarded or autistic. (D) Pregnant alien women. (E) Elderly aliens who are over the age of 65. (F) Aliens placed in expedited removal proceedings after being rescued from trafficking or criminal operations by Government authorities. (G) Other groups designated in regulations promulgated by the