By Jordan Freiman
Updated on: April 12, 2026 / 9:06 PM EDT / CBS News
The Department of Homeland Security is investigating allegations that Rep. Eric Swalwell hired a Brazilian national to work as a nanny in the U.S. without lawful authorization, U.S. Citizenship and Immigration Services said in a statement Sunday.
“USCIS has been collecting information on the allegations involving Congressman Eric Swalwell’s hiring of a Brazilian national as a nanny without lawful work authorization. USCIS has referred this matter to DHS law enforcement for investigation,” a USCIS spokesperson told CBS News.
Politico first reported the DHS probe. Swalwell did not immediately respond to CBS News’ request for comment.
The New York Post reported Saturday that the nanny’s work authorization expired in 2022 but that she continued working for Swalwell while he sponsored her for a green card. According to that report, a permanent labor certification was approved in 2024.
The DHS inquiry comes as the Manhattan District Attorney’s Office has opened a separate investigation into sexual assault allegations by a former Swalwell staffer. Swalwell, who had been a leading contender in the California governor’s race, suspended his campaign on Sunday amid growing calls for action from fellow Democrats and other lawmakers. Rep. Anna Paulina Luna, a Florida Republican, announced plans to force a vote to expel Swalwell from the House; a vote could come as soon as midweek.
Swalwell has denied the sexual-assault allegations, saying they are “false and come on the eve of an election against the frontrunner for governor. For nearly 20 years, I have served the public — as a prosecutor and a congressman and have always protected women.”
The allegations were first reported Friday by the San Francisco Chronicle, which published a story detailing a former staffer’s account of encounters with Swalwell in California and New York. The woman, not named in the Chronicle’s report, alleged that after going out for drinks with Swalwell in September 2019 she woke up naked in his hotel bed with little recollection of the night. She also alleged Swalwell sent inappropriate photos via Snapchat, requested nude photos of her and asked her to perform oral sex in a parking lot.
The former staffer further alleged that in 2024, after she no longer worked for Swalwell, she met him for drinks in New York following a charity gala, became intoxicated and only remembers parts of the night, including pushing him away and telling him “no” while he forced himself on her. She said she woke up the next morning with vaginal bleeding and bruises. The Chronicle said it reviewed texts the woman sent to a friend three days after the alleged incident in which she wrote she was “sexually assaulted” by Swalwell.
Scott MacFarlane, Kiki Intarasuwan, Deanna Marie Lowe and Caitlin Yilek contributed to this report.