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Policy & Law

Eric Swalwell Accused of Paying Nanny With Campaign Funds While She Lacked Work Authorization

Complaints filed with Department of Labor and Homeland Security allege campaign funds were used to pay an undocumented babysitter; Swalwell denies the allegations

⚡ The Bottom Line

The allegations against Eric Swalwell involve both immigration and employment law questions as well as potential campaign finance violations. Two separate complaints have been filed with federal agencies, and the matters remain under investigation. Swalwell has denied the allegations and continues to pursue his California gubernatorial bid. The separate sexual assault allegations, which Swalwel...

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Rep. Eric Swalwell, D-Calif., is facing allegations that he and his wife Brittany paid a live-in nanny with campaign funds while the woman lacked valid work authorization, according to two recently filed complaints.

The first complaint was filed Tuesday with the Department of Labor, alleging that the Swalwells lied to keep their babysitter, Amanda Barbosa, employed. A separate complaint was filed in February with the Department of Homeland Security by California filmmaker and political activist Joel Gilbert, first reported by The New York Post.

Barbosa was hired by Swalwell in 2021 after coming to the U.S. from Brazil on an au pair visa. Swalwell is currently running for California governor.

What the Left Is Saying

Progressive defenders and some Democratic allies have argued that the allegations against Swalwell amount to a political smear campaign designed to damage his gubernatorial candidacy. They note that the labor certification application was approved by the Department of Labor in 2024, suggesting the process was ultimately legitimate.

Swalwell has denied all allegations. In a video posted Friday, he said: "These allegations of sexual assault are flat-out false. They did not happen. They have never happened. And I will fight them with everything that I have."

Some progressive commentators have pointed out that au pair visa programs are complex and that employers may not always be aware of authorization status changes. They argue that the complaints represent an attempt to weaponize immigration and employment law for political purposes.

Democratic supporters have also noted that Swalwell has not been charged with any crime and that the complaints remain unproven allegations.

What the Right Is Saying

Conservative critics have seized on the allegations as evidence of hypocrisy by a progressive lawmaker. They argue that using campaign funds for personal childcare expenses, regardless of authorization status, represents a misuse of donor money.

Republicans have noted that the complaints were filed as Swalwell seeks higher office, arguing that voters deserve to know about his conduct in private matters. Conservative commentators have pointed to the timeline of payments and the alleged continued employment despite authorization questions.

GOP opponents have called for investigations into the campaign finance aspect of the allegations. They argue that reimbursing oneself for childcare from campaign funds, especially to someone without work authorization, raises serious ethical and legal questions.

The separate sexual assault allegations have also drawn Republican criticism, with some calling for Swalwell to withdraw from the gubernatorial race.

What the Numbers Show

Federal Election Commission data shows that Barbosa received $3,914 in campaign funds in 2021 and $46,930 in 2022, totaling $50,844 over those two years.

In 2025, Barbosa received an additional $38,905 in campaign funds from Swalwell, bringing the total to approximately $89,749.

FEC records show that $52,262 in campaign expenses for "childcare" were reimbursed to Swalwell, which the complaints allege was a workaround to keep Barbosa employed while she was not authorized to work.

The Department of Labor approved the labor certification application in 2024, allowing Swalwell to sponsor Barbosa for a green card. The process began in December 2022 as her au pair visa was set to expire.

Barbosa enrolled at a community college in 2023, which would not allow her to work off campus under student visa rules.

The Bottom Line

The allegations against Eric Swalwell involve both immigration and employment law questions as well as potential campaign finance violations. Two separate complaints have been filed with federal agencies, and the matters remain under investigation.

Swalwell has denied the allegations and continues to pursue his California gubernatorial bid. The separate sexual assault allegations, which Swalwell has also denied, have drawn calls from some quarters for him to drop out of the race.

The Department of Labor, Department of Homeland Security, and Federal Election Commission have not publicly confirmed any investigations. Fox News Digital reached out to all four agencies for comment.

What to watch: Whether federal agencies pursue enforcement actions, how the allegations affect Swalwell's gubernatorial campaign, and whether additional details emerge from the pending complaints.

Sources