The Department of Homeland Security is investigating allegations that Rep. Eric Swalwell hired a Brazilian national to work as a nanny in the United States without lawful authorization, U.S. Citizenship and Immigration Services said. A USCIS spokesperson told CBS News that the agency “has been collecting information on the allegations” and has referred the matter to DHS law enforcement for investigation.
Politico first reported the DHS probe. The New York Post has reported that the nanny’s work authorization expired in 2022 but that she continued working for Swalwell while he sponsored her for a green card; that report said a permanent labor certification was approved in 2024. Swalwell did not immediately respond to a CBS News request for comment.
The DHS inquiry is separate from a Manhattan District Attorney’s Office investigation into sexual-assault allegations made by a former Swalwell staffer. The allegations, first reported by the San Francisco Chronicle, include accounts from the woman of two incidents: one in September 2019 after drinks in California, when she says she woke up naked in Swalwell’s hotel room with limited recollection of the night, and a 2024 encounter in New York after a charity gala in which she says she became intoxicated and only remembers parts of the night and waking with injuries. The Chronicle reported it reviewed texts the woman sent to a friend three days after the 2024 incident in which she wrote she was “sexually assaulted.” The article also says the woman accused Swalwell of sending inappropriate photos and requesting nude images.
Swalwell has denied the sexual-assault allegations, calling them “false” and saying they came “on the eve of an election against the frontrunner for governor.” He has said that throughout his long public service he has “always protected women.” Amid the growing scrutiny, Swalwell — who had been a leading contender in the California governor’s race — suspended his campaign.
Republican Rep. Anna Paulina Luna announced plans to force a House vote to expel Swalwell; lawmakers have said a vote could occur as soon as midweek. The DHS and Manhattan probes are ongoing.