NEED TO KNOW

• USCIS referred allegations to DHS law enforcement Sunday that Swalwell employed a Brazilian nanny without lawful work authorization
• The nanny's J-1 visa expired in December 2022; she allegedly remained employed by the Swalwell family through 2024
• The probe is the third federal investigation touching Swalwell — alongside the Manhattan DA's sexual assault inquiry and a separate DOJ mortgage fraud referral

RANDALLSTOWN, Md. (TDR) — Federal immigration authorities confirmed Sunday they have referred allegations against Rep. Eric Swalwell to DHS law enforcement — the same department he voted to defund — over claims he employed a Brazilian nanny without valid work authorization for two years after her visa expired.

The big picture: The USCIS referral comes on top of Swalwell's Monday resignation from Congress amid sexual misconduct allegations and an open Manhattan DA criminal investigation. The Trump administration also referred a potential mortgage fraud case to the Justice Department. Three separate federal probes now touch a single congressman who resigned Monday morning.

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• Swalwell was among the Democrats who blocked DHS funding during the record-length partial government shutdown over ICE enforcement practices
• His name remains on California's June 2 ballot despite his suspended campaign and resignation

Why it matters: A congressman who built his identity around prosecutorial accountability and immigration advocacy now faces scrutiny for allegedly violating the same laws he championed.

• Federal law prohibits knowingly hiring workers without valid authorization — violations carry civil fines and criminal penalties
• Swalwell had been sponsoring the nanny for a green card, meaning the family knew her visa had expired while continuing her employment during the application process

Driving the news: USCIS issued an official statement Sunday confirming the DHS law enforcement referral.

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• "USCIS has been collecting information on the allegations involving Congressman Eric Swalwell hiring of a Brazilian national as a nanny without lawful work authorization. These allegations are serious," the agency said
• "No employer, including a member of Congress, is above the law," the DHS spokesperson added
• Swalwell's office did not respond to requests for comment on the nanny allegations specifically

What they're saying: The administration framed the referral as a straightforward rule-of-law matter.

• The DHS spokesperson said the agency "will continue to aggressively enforce statutes to uphold the rule of law and protect American workers"
• Rep. Anna Paulina Luna announced plans to force a House expulsion vote, which could come midweek

Yes, but: The complaint's origin and timing raise questions about selective enforcement.

• The complaint was filed in February by Joel Gilbert, a right-wing filmmaker who previously sued Swalwell — it sat two months before USCIS referred it the same weekend the sexual misconduct allegations broke
• Green card sponsorship is a legal process employers routinely use — whether continuing employment during that process constitutes knowing illegal employment is a legal question no court has yet ruled on in this case

Between the lines: The referral landed publicly the same Sunday Swalwell suspended his governor campaign. The administration has a documented pattern of escalating enforcement against political opponents at moments of maximum vulnerability.

• The DOJ mortgage fraud referral was announced in the same news cycle — Swalwell called it meritless
• That pattern does not make the underlying allegations false — but it makes the enforcement sequence a legitimate accountability question in its own right

What's next:

• DHS has not confirmed which component agency will lead the investigation
• House expulsion vote expected midweek
• The nanny, Amanda Barbosa, reportedly received permanent work authorization in 2024 — the alleged violation window is 2022–2024

When a politician faces investigations across three federal agencies in one weekend, how do voters — and courts — separate accountability from political targeting?

Sources

This report was compiled using information from CBS News, Politico (first report), Post Guam/The Guardian, Daily Caller News Foundation, and NBC News.

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