Rep. Eric Swalwell, D-Calif., is facing allegations that he violated [1] immigration and employment laws related to a live-in nanny, according to two complaints filed with federal agencies.
A complaint filed Tuesday with the Department of Labor alleges that Swalwell and his wife, Brittany Swalwell, lied to keep their babysitter, Amanda Barbosa, employed, according to The New York Post.
In a separate complaint filed in February with the Department of Homeland Security by California filmmaker and political activist Joel Gilbert, Swalwell is accused of paying his nanny with campaign funds for roughly two years while she allegedly did not have valid work authorization.
“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,” the DHS complaint states.
U.S. Citizenship and Immigration Services confirmed to Fox News that it has referred the matter to DHS law enforcement for investigation.
“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… 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,” a USCIS spokesperson said in a statement.
According to The New York Post, Barbosa was first hired by Swalwell in 2021 after coming to the United States from Brazil on an au pair visa.
Federal Election Commission data cited by the outlet shows Barbosa was paid $3,914 in campaign funds in 2021 and received $46,930 in 2022.
The Post reported that Swalwell began the process of sponsoring Barbosa for a green card in December 2022, as her visa was set to expire, according to a labor certification application reviewed by the outlet.
Barbosa later enrolled at a community college and was not allowed to work off campus under student visa rules, The Post reported.
However, social media photos appear to show her interacting with Swalwell’s children at family events throughout 2023 and 2024.
Federal Election Commission records reviewed by the outlet show that $52,262 in campaign expenses for “childcare” were reimbursed to Swalwell, which the complaint alleges was a workaround to keep Barbosa employed while she was not authorized to work in the United States.
The Department of Labor told The Post that the labor certification was approved in 2024.
In 2025, Barbosa received $38,905 in campaign funds from Swalwell, according to FEC data.
The complaints come as Swalwell faces separate allegations of sexual assault.
USCIS has been collecting information on the allegations involving Congressman Eric Swalwell hiring of a Brazilian national as a nanny without lawful work authorization.@USCIS [2] has referred this matter to DHS law enforcement for investigation.
No one is above the law, including… https://t.co/yFE4DeI3aC [3]
— Homeland Security (@DHSgov) April 12, 2026 [4]
The San Francisco Chronicle first reported allegations from a former staffer, and three additional women later spoke to CNN with misconduct claims.
Swalwell has denied those allegations and faced calls to drop his gubernatorial bid.
“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,” Swalwell said in a video posted Friday.
“They are absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have.”