Swalwell Faces New Legal Challenges Amid California Governor’s Race

Rep. Eric Swalwell, the California Democrat currently running for governor, is confronting a series of new legal complaints alleging he violated immigration and employment laws related to his family’s nanny, adding to his mounting political challenges.

Two recently filed complaints claim Swalwell and his wife improperly employed a Brazilian nanny who lacked proper work authorization while paying her with campaign funds. The allegations come at a particularly difficult time for the congressman, who is already battling separate sexual misconduct accusations that have prompted calls from fellow Democrats to exit the gubernatorial race.

According to a complaint filed Tuesday with the Department of Labor, Swalwell and his wife Brittany allegedly misrepresented information to maintain employment of their babysitter, Amanda Barbosa. A separate February complaint to the Department of Homeland Security, filed by California filmmaker and political activist Joel Gilbert, accuses Swalwell of using campaign funds to pay Barbosa for approximately two years while she allegedly lacked valid work authorization.

The New York Post, which first reported the complaints, noted that Barbosa originally entered the United States from Brazil on an au pair visa in 2021 when the Swalwells hired her. Federal Election Commission records show she received $3,914 in campaign funds that year, followed by $46,930 in 2022.

As Barbosa’s visa approached expiration, Swalwell reportedly began sponsoring her for a green card in December 2022, according to labor certification documentation reviewed by The Post. The Department of Labor reportedly approved the certification in 2024.

The complaints allege that after Barbosa enrolled in a community college, she was prohibited from working off-campus under student visa rules. Despite this restriction, social media photos appear to show her continuing to interact with the Swalwell children at family gatherings throughout 2023 and 2024.

FEC records indicate Swalwell was reimbursed $52,262 in campaign expenses for “childcare,” which the complaint characterizes as a workaround to continue employing Barbosa despite her alleged lack of work authorization. In 2025, Barbosa received an additional $38,905 from Swalwell’s campaign funds, according to FEC data.

These new allegations emerge while Swalwell faces a separate crisis involving sexual misconduct claims. The San Francisco Chronicle first reported allegations from a former staffer, after which three additional women spoke to CNN with similar claims. Following these reports, prominent Democrats, including former House Speaker Nancy Pelosi, have called on Swalwell to withdraw from the governor’s race.

Swalwell has categorically denied the sexual misconduct allegations. In a video statement released Friday, he declared: “These allegations of sexual assault are flat-out false. They are absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have.”

The congressman’s political troubles come at a critical juncture in California politics as the race to succeed Governor Gavin Newsom, who is term-limited, intensifies. Swalwell, who has represented California’s 15th congressional district since 2013 and briefly ran for president in 2020, had positioned himself as a progressive candidate focused on public safety and affordability issues.

Political analysts suggest these compounding controversies could severely damage Swalwell’s gubernatorial aspirations in a crowded Democratic field that includes other prominent California politicians. The multiple allegations also raise questions about his political future in Congress, where he has been a high-profile member of the Intelligence Committee and a vocal critic of former President Donald Trump.

Neither Swalwell’s congressional office, the Department of Labor, Department of Homeland Security, nor the Federal Election Commission have commented publicly on the immigration and employment complaints.