A Democratic congressman running for California governor faces a federal investigation for allegedly employing a foreign nanny without proper work authorization while paying her more than $89,000 through campaign fund reimbursements—a scheme that highlights the double standard many Americans see when political elites appear to flout the very immigration laws they claim to support.
Story Snapshot
- DHS investigating Rep. Eric Swalwell for allegedly employing Brazilian nanny Amanda Barbosa after her au pair visa expired in December 2022
- USCIS referred the case to DHS law enforcement after complaints alleged the congressman paid Barbosa over $89,000 via campaign fund reimbursements
- Allegations include misleading federal authorities while sponsoring Barbosa’s green card during her unauthorized employment period
- Investigation coincides with Swalwell’s California gubernatorial campaign and separate sexual assault probe by Manhattan DA
Federal Probe Into Unauthorized Employment
The Department of Homeland Security is investigating allegations that Representative Eric Swalwell and his wife Brittany employed Amanda Barbosa, a Brazilian national, as their live-in nanny after her au pair visa expired in December 2022. USCIS confirmed Sunday that it collected information on the matter and referred it to DHS law enforcement for review. Activist Joel Gilbert filed complaints with DOL and DHS in February 2025, alleging the Swalwells continued Barbosa’s employment while sponsoring her green card, violating immigration law that prohibits work without proper authorization. The probe comes as Swalwell campaigns for California governor, raising questions about whether politicians receive preferential treatment under laws ordinary citizens must follow strictly.
Campaign Finance Questions Compound Legal Concerns
Federal Election Commission records reveal the Swalwell campaign paid more than $89,000 in childcare-related reimbursements to the congressman between 2021 and 2025, with $3,914 in 2021, $46,930 in 2022, and $38,905 in 2025. Complaints allege these payments compensated Barbosa “under the table” while her work authorization lapsed, effectively using donor funds to sustain what may have been illegal employment. The FEC is reviewing the campaign fund usage, though no wrongdoing has been determined. This arrangement—if substantiated—would represent not just an immigration violation but potential misuse of campaign resources for personal benefit, a pattern that erodes public trust in elected officials who claim to operate above reproach.
Timeline Reveals Systematic Pattern
Barbosa entered the United States in January 2021 on an au pair visa and began working for the Swalwell family that year. Au pair visas permit temporary childcare work under strict limitations, and post-expiration employment violates federal immigration law. Despite her visa expiring in December 2022, social media evidence shows Barbosa continued appearing with the family at events through 2023 and 2024. During this period, she enrolled in community college, which further restricted off-campus work eligibility. The Department of Labor approved a permanent labor certification for Barbosa in 2024, yet campaign payments resumed in 2025. This timeline suggests a deliberate continuation of employment during unauthorized status, contradicting assurances the Swalwells may have provided federal authorities during the green card sponsorship process.
Political Fallout Amid Dual Scandals
The DHS investigation emerged days after the San Francisco Chronicle reported a Manhattan DA probe into separate sexual assault allegations against Swalwell by a former staffer, involving incidents in 2019 and 2024. Swalwell dismissed both matters as politically motivated attacks timed to damage his gubernatorial bid, stating claims are “false” and surfacing on “the eve of an election.” Gilbert, who filed the immigration complaints, countered that the evidence demonstrates “brazen disregard for the law” and accused the congressman of “harboring an illegal.” Swalwell has not responded to requests for comment on the nanny allegations. For voters frustrated by perceived elite immunity—where powerful figures avoid consequences ordinary Americans face for identical violations—this case exemplifies why trust in government continues to erode across the political spectrum.
Sources:
DHS investigating allegations Swalwell hired nanny not authorized to work in U.S.
