DHS Refers Swalwell Brazilian Nanny Allegations to Law Enforcement

The U.S. Department of Homeland Security confirmed Sunday that U.S. Citizenship and Immigration Services (USCIS) has collected information on allegations that California Congressman Eric Swalwell (D-Castro Valley) hired a Brazilian national as a nanny without lawful work authorization and has referred the matter to DHS law enforcement for formal investigation. 

USCIS has been collecting information on the allegations involving Congressman Eric Swalwell hiring of a Brazilian national as a nanny without lawful work authorization.@USCIS has referred this matter to DHS law enforcement for investigation.

No one is above the law, including… https://t.co/yFE4DeI3aC

— Homeland Security (@DHSgov) April 12, 2026

The allegations center on claims that Swalwell and his wife continued to employ the Brazilian woman—identified in related complaints as a former au pair whose J-1 visa and work authorization expired in late 2022—as a live-in nanny for their children after her visa and work authorization expired. According to complaints filed with the Department of Labor and DHS, the family allegedly paid her under the table, with some payments reportedly drawn from campaign funds. 

This practice appears to tie directly into broader patterns of questionable campaign spending on family childcare. As California Globe previously reported, Swalwell’s congressional and gubernatorial campaigns have reimbursed him or paid out more than $244,000 in childcare expenses between 2019 and 2025—the highest total among House members. FEC filings reveal multiple payments made directly to his wife, Brittany Swalwell, for “childcare” of their own children, raising concerns over the use of campaign dollars for inherently personal family expenses. 

“No one is above the law, including a member of Congress,” DHS stated in response to a Politico report detailing the referral. 

This latest federal scrutiny arrives as Swalwell’s once-front-running campaign for California governor has collapsed amid a wave of explosive sexual assault allegations from a former staffer, triggering mass defections among Democratic supporters and donors. 

These politically-devastating developments underscore a striking irony for the East Bay Democrat, who has long positioned himself as a fanatical supporter of the politically-charged #MeToo movement and a vocal opponent of federal immigration enforcement.

Despite the #MeToo mantra that we must believe all women, Swalwell claims the allegations are categorically false and politically motivated. The timing of the allegations are suspect, but there are no statute of limitations on the alleged rape, nor is blind justice found in the halls of his social justice politisphere.

Despite sitting on the House Intelligence Committee, even after an alleged affair with a Chinese honeypot, Swalwell has repeatedly called to “abolish ICE,” pushed legislation to restrict federal agents, and championed California’s sanctuary policies that shield illegal immigrants from cooperation with DHS. 

California Globe reporting has repeatedly highlighted how such sanctuary measures—now enshrined in state law and local ordinances across the state—defy federal immigration authority while California remains the nation’s largest offender, with over 100 jurisdictions limiting cooperation with ICE. 

Just last month, Ninth Circuit Judge James VanDyke blasted activist courts for granting illegal immigrants what he called a “free decade” in America through endless delays and appeals—precisely the kind of judicial obstruction California Democrats have embraced.

Swalwell’s own history of questionable associations, including his well-documented ties to suspected Chinese spy Christine Fang, has long raised national security red flags, but the press and the Democrats openly admitted they ignored “what they all knew.” 

Very brave of you to cover this important point 13 years later. Thank you. https://t.co/n6bMuvPZyQ

— Chef Andrew Gruel (@ChefGruel) April 12, 2026

The DHS referral sends a clear message from the Trump administration: immigration laws apply equally to everyone—regardless of political office or party affiliation. 

As California Democrats continue their legal and legislative war against federal enforcement—banning ICE agents from state law enforcement jobs, restricting federal data-sharing, and even attempting to prohibit ICE staging on city property—the Swalwell case exposes the hypocrisy at the heart of the Democratic party and the sanctuary state. 

If Democrats are asking him to end his gubernatorial campaign, they must equally and unanimously demand his resignation from congress.

In an era when federal agencies are finally prioritizing enforcement over politics, no member of Congress—especially one who has spent years undermining those very laws—can expect to operate above them.

Megan Barth is the Executive Editor of the California Globe