Swalwell Faces Complaints Alleging Campaign Funds Used to Pay Nanny Without Work Authorization

Rep. Eric Swalwell (D-Calif.), a candidate for California governor, is the subject of two recent complaints that allege he and his family used campaign funds and other means to keep a live-in nanny employed in the United States while she lacked lawful work authorization.

Allegations and Who Filed Them

One complaint, filed with the U.S. Department of Labor, accuses Swalwell and his wife, Brittany Swalwell, of misrepresenting facts to continue employing their babysitter, Amanda Barbosa, according to reporting by The New York Post. A separate complaint submitted in February to the Department of Homeland Security was filed by California filmmaker and activist Joel Gilbert; it alleges campaign payments were used to compensate the nanny for roughly two years while she allegedly did not hold valid work authorization.

Rep. Eric Swalwell, D-Calif., delivers a speech as he attends the SEIU-United Service Workers West (SEIU-USWW)'s Gubernatorial Candidate Worker Forum at Meruelo Studios in Los Angeles, California, on Jan. 10, 2026.

"Barbosa appears in numerous social media photos with the Swalwell family throughout 2023 and 2024, indicating continued close association and ongoing childcare responsibilities despite the absence of known lawful work authorization," the DHS complaint states.

Payments, Records and Employment Timeline

Federal Election Commission (FEC) records cited in reporting show payments to Barbosa of $3,914 in 2021, $46,930 in 2022 and $38,905 in 2025. The complaints also point to $52,262 in campaign reimbursements categorized as "childcare," which the complaint alleges may have been used to maintain Barbosa's employment while she was not authorized to work.

According to a labor certification application reviewed by The Post, Swalwell began the process of sponsoring Barbosa for a green card in December 2022 as her au pair visa neared expiration; the Department of Labor reportedly approved the labor certification in 2024.

Rep. Eric Swalwell, D-Calif., speaks during a House Judiciary Committee hearing with Federal Bureau of Investigation Director Kash Patel in the Rayburn House Office Building on Sept. 17, 2025 in Washington, D.C.

Immigration Status and Public Appearances

Barbosa is said to have entered the U.S. from Brazil in 2021 on an au pair visa. The Post reports she later enrolled at a community college, and student visa rules generally bar most off-campus employment. Nevertheless, social media photos apparently show Barbosa with the Swalwell family and interacting with their children throughout 2023 and 2024, which the complaints cite as evidence of continued childcare duties.

Related Allegations and Response

The newly filed complaints come as Swalwell confronts separate sexual-misconduct allegations first reported by the San Francisco Chronicle and later discussed by additional women in network reporting. Swalwell has publicly denied the sexual-assault accusations, calling them "flat-out false" in a posted video and saying he will fight them.

Rep. Eric Swalwell, D-Calif, wears a protective mask while speaking during a House Intelligence Committee hearing on April 15, 2021, in Washington, D.C.

Fox News Digital and other outlets report they have reached out to Swalwell's congressional office, the Department of Labor, the Department of Homeland Security and the FEC for comment. At the time of reporting, the campaign had not publicly responded to the specific claims about campaign payments to Barbosa beyond standard statements denying unrelated misconduct.

Next Steps

The complaints filed with federal agencies could prompt inquiries or reviews by those agencies; however, at this stage the allegations remain claims in complaints and in media reporting. Further action will depend on any formal investigations or agency determinations.