; and (2) by inserting or an investigation or prosecution regarding a workplace claim after prosecution . (e) Unlawful employment of noncitizens Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended by adding at the end the following: (10) Conduct in enforcement actions (A) Definitions In this paragraph: (i) Material witness The term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (ii) Workplace claim The term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (B) Enforcement action If the Secretary of Homeland Security conducts an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that— (i) any noncitizens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Secretary— (I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity