Eric Swalwell “Nannygate” Explodes: DHS and FEC Complaints Allege Illegal Alien Employment and Misuse of Campaign Funds for Childcare
By Joel Gilbert
On February 16, 2026, I filed two well-documented federal complaints against Congressman Eric Swalwell, one with the U.S. Department of Homeland Security (DHS/ICE), and another with the Federal Election Commission (FEC). Together, these filings raise serious questions about whether Swalwell engaged in illegal patterns of conduct that reflect his disregard for federal law and a potential abuse of campaign funds for personal benefit.
At issue are two distinct but closely related allegations: first, that Swalwell continued employing a foreign national nanny illegally for two years after her legal work authorization expired; and second, that he illegally used campaign funds to cover what appear to be ongoing personal childcare expenses totaling more than $300,000.
Taken together, these allegations suggest a sustained pattern in which legal requirements were well understood by Swalwell, and then ignored for personal gain. I published both complaints on SwalwellisDisqualified.com.
The DHS/ICE Complaint: Alleged Employment of an Unauthorized Worker
In 2022, Eric Swalwell and his wife employed a Brazilian national, Amanda Barbosa, as a live-in Au Pair under the J-1 visa program. Barbosa resided in the Swalwell household and provided full-time childcare for their three young children. In 2022, Barbosa was paid approximately $46,929.70 for her services by Swalwell’s campaign under “Childcare for Campaign Events”.
Critically, Barbosa’s J-1 visa, and thus her legal authorization to work, expired at the end of December 2022. The Swalwells were fully aware of this deadline. In fact, earlier in 2022, they attempted to secure permanent work authorization for Barbosa by filing a federal labor certification (ETA-9089), which required a formal job posting in The Washington Post. Their advertisement outlined a demanding, full-time nanny position which included:
- taking care of 3 kids & help satisfy kids’ physical, emotional, intellectual, & social needs
- assist w/care of dog, organize kids’ play activities, drive kids to appts & activities
- household cleaning &laundry, prep kids’ meals, Mon to Fri, 7A to 4P, Wknd work time
The Swalwell’s permanent work authorization application was denied by the Department of Labor.
As I document in my DHS complaint, rather than replacing Barbosa with a legally authorized worker when her J-1 Visa expired, the Swalwells appear to have continued employing her as a live-in nanny for two additional years in 2023 and 2024, despite the absence of any publicly available evidence of renewed work authorization. They curiously kept her “off the books” of the Swalwell campaign during this time.
In my DHS complaint, I present multiple categories of evidence that indicate Barbosa remained actively employed by the Swalwells in 2023 and 2024 after her J-1 visa expired, including:
- Social media activity – showing Barbosa regularly engaged in childcare, travel, and family events with the Swalwell household throughout 2023 and 2024
- Professional records – including Barbosa’s LinkedIn profile where she lists herself as a full-time childcare provider in the United States from 2021 to present
- Financial records – including campaign-related childcare payments to Barbosa in 2022 and then again in 2025 in Swalwell’s FEC filings
In the complaint, I ask federal authorities to investigate whether this conduct violated immigration laws, visa regulations, tax obligations, and labor laws, and for them to determine if it involved an illegal conspiracy between Swalwell and his wife Brittany.
The FEC Complaint: Campaign Funds for Personal Childcare
The second complaint, filed with the Federal Election Commission, addresses a separate but equally serious issue: whether Eric Swalwell illegally used campaign funds from donors to pay for his regular personal childcare expenses.
Federal election law is clear under 52 U.S.C. § 30114(b): campaign funds may not be converted to personal use. Campaign funds may only be used for expenses that arise directly from campaign activity and would not exist otherwise. Personal expenses, those that would exist regardless of candidacy, are strictly prohibited.
In 2022, Swalwell sought formal guidance from the FEC on whether he could use campaign funds to pay for childcare. The Commission’s response to Swalwell was explicit: such expenses are permissible only if they are tied to specific campaign events and are properly documented. As allege in my complaint, Swalwell disregarded that guidance and instead subsidized his candidate’s personal household expenses.
In my FEC complaint, I detail a five-year pattern of Swalwell childcare-related expenditures from 2021 through 2025 that appears to reflect regular ongoing household childcare rather than campaign-specific needs, with total childcare-related disbursements exceeding $300,000 over five years. These payments were recurring weekly, consistent in amounts, and structured like a payroll. Several red flags include:
- Lack of documentation by Swalwell to the FEC tying payments to specific campaign events
- Year-round, continuous childcare coverage
- Reimbursement structures suggesting personal expenses being funneled through the campaign
- Payroll tax reimbursements consistent with a full-time employment relationship
Abuse of Office for Personal Gain by Eric Swalwell
Taken together, my DHS and FEC complaints outline a consistent pattern:
- Swalwell at first sought to comply with the law (labor authorization application, request for FEC advisory opinion)
- Then the law said “no”, imposing clear limitations (denial of work authorization, denial of regular childcare expenses)
- But Swalwell’s conduct continued anyway, in violation of the legal decisions and in blatant disregard of the law
Employing a foreign national without valid work authorization, if proven, would reflect a willingness by Swalwell to ignore immigration and labor laws that public officials are sworn to uphold. Despite being a former deputy district attorney, Eric Swalwell appears to have a problem with immigration law. In his campaign for governor of California, he vows to expel ICE, while working to defund DHS in congress.
Campaign contributions meanwhile are donated for political purposes, not to finance a candidate’s private household expenses. If Swalwell used campaign funds to maintain a full-time nanny or subsidize routine childcare, it would represent a fundamental breach of trust.
These allegations come at a pivotal moment. Eric Swalwell is a candidate for governor of California, a role that demands not only policy leadership but also credibility, integrity, and respect for the law. In a statewide campaign, issues of honesty and transparency, respect for the law, misuse of donor funds, and personal accountability are central.
At its core, my complaints amount to a test of whether the rule of law applies equally to those who seek to govern. The allegations I detail, if substantiated, would demonstrate a sustained pattern of conduct by Swalwell in which his legal obligations were acknowledged, clarified, and then ignored. These are not technical violations. They relate to judgment and integrity. It appears Eric Swalwell has neither. He should withdraw from the governor’s race while these investigations are ongoing.
Joel Gilbert is a Los Angeles-based film producer and president of Highway 61 Entertainment. He is the producer of the new film Roseanne Barr Is America. He is also the producer of: Dreams from My Real Father, The Trayvon Hoax, Trump: The Art of the Insult, and many other films on American politics and music icons. Gilbert is on Twitter: @JoelSGilbert.
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