Rep. Eric Swalwell faces federal investigation over allegations he hired nanny without work authorization

Federal authorities are now investigating Rep. Eric Swalwell, D-Calif., over allegations he violated immigration and employment laws by keeping a live-in Brazilian nanny on his payroll, paid with campaign funds, while she lacked legal authorization to work in the United States. U.S. Citizenship and Immigration Services confirmed it referred the matter to Department of Homeland Security law enforcement, marking a serious escalation for a congressman already battered by separate misconduct allegations.

The referral followed complaints alleging that Swalwell and his wife, Brittany Swalwell, misrepresented facts to keep their babysitter, Amanda Barbosa, employed in the country after her visa expired. Federal Election Commission records show tens of thousands of dollars in campaign money flowed to Barbosa over multiple years, a financial trail that now sits at the center of two formal complaints and at least one active federal probe.

For a lawmaker who has spent years lecturing Americans about the rule of law from his perch on the House Intelligence Committee, the allegations carry a particular sting. Swalwell, who is running for governor of California, now faces questions not just about his personal conduct but about whether he used donor money to employ someone who could not legally hold the job.

The money trail: campaign funds and a nanny's pay

Barbosa came to the United States from Brazil on an au pair visa and was first hired by Swalwell in 2021, Fox News Digital reported. That year, she received $3,914 in campaign funds. The following year, her payments jumped to $46,930.

By December 2022, Barbosa's visa was set to expire. A labor certification application reviewed by the New York Post showed Swalwell began the process of sponsoring her for a green card around that time. The Department of Labor told the Post the labor certification was approved in 2024.

But the gap between the visa's expiration and the certification's approval is where the legal trouble begins. A complaint filed in February with DHS by California filmmaker and political activist Joel Gilbert accused Swalwell of paying his nanny with campaign funds for roughly two years while she allegedly did not have valid work authorization.

The complaint cited social media evidence. As Breitbart reported, the DHS filing stated that "Barbosa appears in numerous social media photos with the Swalwell family throughout 2023 and 2024, indicating continued close association and ongoing childcare responsibilities despite the absence of known lawful work authorization."

Gilbert did not mince words about the congressman's conduct. He told the New York Post: "It's a brazen disregard for the law. He's harboring and employing an illegal."

FEC records also show that $52,262 in campaign expenses labeled "childcare" were reimbursed to Swalwell himself. And in 2025, Barbosa received another $38,905 in campaign funds, according to FEC data. The full scope of partisan battles over DHS and immigration enforcement makes the congressman's alleged conduct all the more conspicuous.

DHS confirms: 'No employer is above the law'

USCIS confirmed to Fox News that it collected information on the allegations and referred the case to DHS law enforcement. The agency's spokesperson did not hedge.

DHS spokesperson Lauren Bis, as the New York Post reported, laid out the agency's position plainly:

"USCIS has been collecting information on the allegations involving Congressman Eric Swalwell hiring of a Brazilian national as a nanny without lawful work authorization. These allegations are serious. USCIS has referred this matter to DHS law enforcement for investigation."

The statement continued: "Federal law prohibits employers from knowingly hiring aliens who are not authorized to work in the United States. No employer, including a member of Congress, is above the law. DHS will continue to aggressively enforce statutes to uphold the rule of law and protect American workers."

That last line, "No employer, including a member of Congress, is above the law", was also posted by DHS on X, as the Washington Examiner noted. It is not the kind of language federal agencies deploy casually.

A separate complaint was filed with the Department of Labor on Tuesday, alleging that Eric and Brittany Swalwell lied to keep Barbosa employed. Just the News reported that both the Department of Labor and DHS are now looking into the matter.

A congressman already under a cloud

The nanny investigation does not arrive in a vacuum. Swalwell is simultaneously dealing with separate allegations of sexual misconduct. The San Francisco Chronicle first reported claims from a former staffer. CNN later reported that three additional women came forward with misconduct claims.

On Friday, Swalwell posted a video addressing those allegations directly. "A lot has been said about me today through anonymous allegations, and I thought it was important that you see and hear from me directly. These allegations of sexual assault are flat-out false," he said.

He added: "They are absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have."

Breitbart reported that Manhattan authorities are separately investigating an alleged 2024 assault involving a former staffer. Swalwell is also reportedly under FEC investigation over more than $200,000 in campaign-funded babysitting expenses, a figure that dwarfs the individual payment amounts disclosed in FEC records.

Fox News Digital said it reached out for comment to Swalwell's congressional office, the Departments of Labor and Homeland Security, and the Federal Election Commission. No responses were described in the reporting. The broader pattern of federal authorities taking action against officials who obstruct immigration enforcement adds weight to the probe's significance.

The political fallout

Swalwell is running for governor of California. He attended the SEIU-United Service Workers West's Gubernatorial Candidate Worker Forum at Meruelo Studios in Los Angeles on January 10, 2026, an appearance that now looks uncomfortable given the allegations that he employed a worker without legal authorization.

The Washington Examiner reported that the probe has already prompted calls for Swalwell's resignation and even threats of expulsion. Whether those calls gain traction depends on how the investigation unfolds, but the political math is grim for the congressman. A federal probe into immigration law violations is not the kind of thing that helps a gubernatorial candidate in any state, even California.

Several open questions remain. What specific immigration and employment statutes are at issue? Did Swalwell know Barbosa's work authorization had lapsed when payments continued? What role, if any, did Brittany Swalwell play in the green card sponsorship process? And how does the FEC view more than $200,000 in campaign-funded childcare expenses routed to or through a worker whose legal status is now in dispute?

The timeline itself tells a damning story. Barbosa arrived on an au pair visa. She was hired in 2021. Her visa neared expiration in late 2022. A green card sponsorship process began. The labor certification was not approved until 2024. Yet campaign funds kept flowing to her throughout, and social media photos showed her with the Swalwell family during the gap years. Meanwhile, the leadership fights over DHS and its enforcement mission have only sharpened the public's attention on who follows the law and who doesn't.

None of these allegations have been adjudicated. Swalwell has denied the sexual misconduct claims outright. He has not publicly addressed the nanny investigation in detail. But the facts already on the record, the FEC filings, the complaints, the USCIS referral, the DHS statement, paint a picture of a sitting congressman who may have spent years paying a worker who could not legally hold the job, using money donated by supporters who thought they were funding a political campaign.

Rules for thee

Eric Swalwell built a career demanding accountability from others. He sat on the Intelligence Committee. He lectured about the rule of law on cable news. He ran for president. Now two federal agencies are examining whether he broke the very immigration and employment laws he swore to uphold.

The people who deserve answers are the ones who always do: the taxpayers, the legal immigrants who followed the rules, and the donors whose campaign dollars may have funded something they never signed up for.