Eric Swalwell Under Investigation For Immigration Violation

Rep. Eric Swalwell is facing a federal investigation tied to allegations that he and his wife violated immigration and employment laws involving a live-in nanny who reportedly lacked authorization to work in the United States.

U.S. Citizenship and Immigration Services confirmed that it has gathered information on the claims and referred the matter to Department of Homeland Security law enforcement. In a statement, a spokesperson said the allegations are being taken seriously, noting that federal law prohibits knowingly employing someone who is not authorized to work in the country. The agency emphasized that those rules apply to everyone, including members of Congress.

The situation centers on Amanda Barbosa, a Brazilian national who was hired by the Swalwell family in 2021 after arriving in the U.S. on an au pair visa. According to complaints filed with federal agencies and first reported by The New York Post, Barbosa continued working for the family after her visa status changed, raising questions about whether she remained eligible for employment.

One complaint, filed with the Department of Labor, alleges that the Swalwells misrepresented details in order to keep Barbosa employed. Another complaint, submitted earlier this year to DHS by a political activist, claims that Swalwell used campaign funds to pay Barbosa for childcare over a period of roughly two years while she allegedly did not have valid work authorization.

Federal Election Commission records cited in the reporting show tens of thousands of dollars in payments tied to childcare expenses. Barbosa reportedly received nearly $47,000 in 2022 and additional payments in subsequent years. The complaint argues that some of these reimbursements may have been structured in a way that allowed her to continue working despite restrictions tied to her visa status.

As her original visa was set to expire, Swalwell began sponsoring Barbosa for a green card in late 2022, according to documents reviewed in the reporting. She later enrolled in a community college, which would have placed limits on her ability to work off campus under student visa rules. Still, social media posts from 2023 and 2024 appear to show her regularly spending time with the Swalwell family and their children.

The Department of Labor ultimately approved a labor certification related to Barbosa in 2024, though questions remain about her employment status before that point.