Representative Eric Swalwell is facing new allegations that he violated immigration and employment laws in connection with his live-in nanny. These accusations add to existing campaign challenges and center on the alleged use of campaign funds to pay the nanny, who purportedly lacked proper work authorization.

Immigration and Labor Law Complaints Filed

Two complaints have recently been filed against Representative Swalwell and his wife, Brittany Swalwell. One complaint, lodged with the Department of Labor, accuses the couple of deceptive practices in employing their babysitter, Amanda Barbosa. A separate complaint filed with the Department of Homeland Security (DHS) in February by a California activist filmmaker alleges that Swalwell used campaign funds to pay his nanny for approximately two years without valid work authorization.

Social Media Evidence and Visa Status

The DHS complaint notes that Amanda Barbosa has appeared in numerous social media photos with the Swalwell family throughout 2023 and 2024. These images suggest ongoing childcare responsibilities despite the alleged lack of lawful work authorization. Barbosa was initially hired in 2021 after arriving in the U.S. from Brazil on an au pair visa.

Campaign Fund Misuse Allegations

Federal Election Commission (FEC) data indicates that Barbosa received $3,914 in campaign funds in 2021 and $46,930 in 2022. In December 2022, Swalwell began the process of sponsoring Barbosa for a green card as her visa neared expiration. The New York Post reviewed a labor certification application for this process.

Student Visa Restrictions and Continued Employment

While enrolled at a community college on a student visa, Barbosa was restricted from off-campus employment. However, social media photos from her now-deleted Facebook account showed her caring for the Swalwell children at various family events, including White House picnics in 2023 and 2024. These images fueled allegations of a fraudulent arrangement to keep Barbosa employed without authorization.

Department of Labor and FEC Investigations

The Department of Labor confirmed that the labor certification was approved in 2024. FEC data shows Barbosa received an additional $38,905 in campaign funds in 2025. Swalwell is also under investigation by the FEC for allegedly spending over $200,000 in campaign funds on personal babysitting, based on a complaint filed by Gilbert, the same activist filmmaker who filed the DHS complaint.

Broader Campaign Pressures

These legal challenges compound the difficulties facing Swalwell's gubernatorial campaign. The allegations come shortly after former staffers accused him of sexual assault and misconduct, claims Swalwell has denied. Four women reportedly made these accusations last week, and authorities are investigating an alleged assault of a former staffer in 2024.

Calls for Withdrawal and Swalwell's Response

Some prominent Democrats, including House Minority Leader Hakeem Jeffries and former Speaker Nancy Pelosi, have urged Swalwell to withdraw from the race. Swalwell addressed the allegations on social media Friday, asserting their falsity and stating his intention to fight the claims.