Swalwell misconduct, assault allegations shake California governor’s race
Congressman Eric Swalwell faces severe sexual misconduct accusations, including rape, casting a shadow over his California gubernatorial bid. Top Democrats, including Nancy Pelosi, urge Swalwell to exit the race amid mounting pressure. Former Speaker Kevin McCarthy details Swalwell’s past ties to a Chinese spy.
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Rep. Eric Swalwell, D-Calif., is facing allegations he violated immigration and employment laws to keep a live-in nanny in the U.S., including claims he paid her with campaign funds while she lacked work authorization, according to two recently filed complaints.
A complaint filed Tuesday with the Department of Labor alleges that Swalwell and his wife, Brittany Swalwell, lied to keep their babysitter, Amanda Barbosa, employed, according to The New York Post.
In a separate complaint filed in February with the Department of Homeland Security by California filmmaker and political activist Joel Gilbert, first reported by The Post, Swalwell is accused of paying his nanny with campaign funds for roughly two years while she allegedly did not have valid work authorization.
“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.
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Rep. Eric Swalwell spoke during a press conference on committee assignments for the 118th Congress at the U.S. Capitol on Jan. 25, 2023, in Washington, D.C. (Kevin Dietsch/Getty Images)
Barbosa was first hired by Swalwell — who is running for California governor — in 2021 after coming to the U.S. from Brazil on an au pair visa, according to The Post.
Barbosa was paid $3,914 in campaign funds in 2021 and received $46,930 in 2022, according to Federal Election Commission data.
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 visa was set to expire.
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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. (ETIENNE LAURENT/AFP via Getty Images)
Barbosa later enrolled at a community college and was not allowed to work off campus under student visa rules, The Post reported. However, social media photos appear to show her interacting with Swalwell’s children at family events throughout 2023 and 2024.
FEC records reviewed by the outlet show that $52,262 in campaign expenses for “childcare” were reimbursed to Swalwell, which the complaint alleges was a workaround to keep Barbosa employed while she was not authorized to work in the U.S.
The Department of Labor told The Post the labor certification was approved in 2024. In 2025, Barbosa received $38,905 in campaign funds from Swalwell, according to FEC data.
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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. (Win McNamee/Getty Images)
The complaints surfaced as Swalwell faces separate allegations of sexual assault.
The San Francisco Chronicle first reported allegations from a former staffer, and three additional women later spoke to CNN with misconduct claims.
Swalwell has denied the allegations and faced calls to drop his gubernatorial bid.
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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. (Al Drago-Pool/Getty Images)
“A lot has been said about me today through anonymous allegations, and I thought it was important that you see and hear from me directly. These allegations of sexual assault are flat-out false,” Swalwell said in a video posted Friday.
“They are absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have.”
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Fox News Digital has reached out to Swalwell’s congressional office for comment, as well as the Department of Labor, Department of Homeland Security and Federal Election Commission.
Fox News Digital’s Madison Colombo contributed to this report.
