; (2) waived any right to review or appeal under this Act of an immigration officer’s determination as to the a admissibility of the alien at the port of entry into the United States; and (3) waived any right to contest, other than on the basis of an application for asylum, any action for removal of the alien. . (e) Detention and repatriation of visa waiver violators Section 217(c)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(E) ) is amended by striking the section header and inserting the following: (E) Detention and repatriation of aliens Any alien who fails to depart from the United States at the end of the 90-day period for admission shall be detained pending removal. . 1303. Increase in immigration detention capacity Not later than September 30, 2018, and subject to the availability of appropriations, the Secretary of Homeland Security shall increase the immigration detention capacity to a daily immigration detention capacity of not fewer than 48,879 detention beds. 1304. Collection of DNA from criminal and detained aliens Section 3 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a ) is amended— (1) in subsection (a)(1), by adding at the end the following: (C) The Secretary of Homeland Security shall collect DNA samples from any alien (as defined under section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) )) who— (i) has been detained pursuant to section 235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of such Act ( 8 U.S.C. 1225(b)(1)(B)(iii)(IV) , 1226, 1226a, and 1228); or (ii) is the subject of a final order of removal under section 240 of such Act ( 8 U.S.C. 1229a ) based on inadmissibility under section 212(a)(2) of such Act ( 8 U.S.C. 1182(a)(2) ) or being subject to removal under section 237(a)(2) of such Act ( 8 U.S.C. 1227(a)(2) ).