Swalwell Accused of Violating Laws to Keep Live-in Nanny

Complaints allege congressman paid Brazilian nanny with campaign funds while she lacked work authorization

Apr. 12, 2026 at 2:36pm

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A conceptual illustration featuring overlapping, fractured geometric shapes in shades of blue, grey, and red, depicting a politician's hand holding immigration documents and clutching a wad of cash, conveying the complex issues surrounding the allegations against the politician.Allegations of immigration and campaign finance violations swirl around a California congressman's bid for higher office.NYC Today

Rep. Eric Swalwell, a Democratic candidate for California governor, has been accused of violating immigration and employment laws to keep his live-in Brazilian nanny, Amanda Barbosa, employed. Complaints filed with the Department of Labor and Department of Homeland Security claim Swalwell and his wife lied to keep Barbosa working, including paying her with campaign funds while she allegedly lacked valid work authorization.

Why it matters

The allegations against Swalwell come as he faces a separate investigation into his use of over $200,000 in campaign funds for personal babysitting expenses. The new complaints raise questions about Swalwell's adherence to labor and immigration laws, as well as his use of political funds, at a critical time in his gubernatorial campaign.

The details

According to the reports, Swalwell hired Barbosa in 2021 after she came to the U.S. from Brazil on an au pair visa. She was paid $3,914 in campaign funds in 2021 and $46,930 in 2022, despite allegedly lacking valid work authorization. Swalwell began the process of sponsoring Barbosa for a green card in late 2022 as her visa was set to expire, but social media photos show her continuing to care for the Swalwell children throughout 2023 and 2024 while enrolled as a community college student, which would have prohibited her from working off-campus.

  • In 2021, Swalwell hired Barbosa after she came to the U.S. from Brazil on an au pair visa.
  • In 2021, Barbosa was paid $3,914 in campaign funds.
  • In 2022, Barbosa was paid $46,930 in campaign funds.
  • In December 2022, Swalwell began the process of sponsoring Barbosa for a green card as her visa was set to expire.
  • In 2023 and 2024, social media photos show Barbosa caring for the Swalwell children despite her student visa restrictions.

The players

Rep. Eric Swalwell

A Democratic congressman from California who is running for governor and has been accused of violating immigration and employment laws to keep his live-in Brazilian nanny employed.

Brittany Swalwell

The wife of Rep. Eric Swalwell, who has also been accused of lying to keep the nanny employed.

Amanda Barbosa

The Brazilian nanny hired by the Swalwells in 2021 on an au pair visa, who allegedly continued working for the family despite lacking valid work authorization.

Gilbert

A California activist filmmaker who filed a complaint with the Department of Homeland Security about Swalwell's use of campaign funds to pay the nanny.

Hakeem Jeffries

The Democratic minority leader who has called for Swalwell to drop out of the California governor's race.

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What they’re saying

“It's a brazen disregard for the law. He's harboring and employing an illegal.”

— Gilbert, California activist filmmaker

“They are absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have.”

— Rep. Eric Swalwell

What’s next

The U.S. District Attorney in Manhattan has announced an investigation into the alleged 2024 sexual assault of a former Swalwell staffer. The Department of Labor has also indicated that Barbosa was 'back on the books' in 2025, receiving $38,905 in campaign funds from Swalwell.

The takeaway

The allegations against Swalwell raise serious questions about his adherence to labor and immigration laws, as well as his use of campaign funds, at a critical time in his gubernatorial campaign. The investigations into these issues, as well as the separate sexual assault allegations, could significantly impact his political future.