Congressman Eric Swalwell Faces Multiple Criminal Investigations Over Sexual Misconduct and Immigration Violations

Rep. Eric Swalwell (D-Calif.) is currently under multiple criminal investigations following serious allegations of sexual misconduct and immigration violations. The Manhattan District Attorney’s Office has opened a criminal investigation into claims that Swalwell sexually assaulted a former staffer in New York City in April 2024, described as the most severe allegation among four women who have come forward.

“We urge survivors and anyone with knowledge of these allegations to contact our Special Victims Division,” the New York City prosecutor’s office stated over the weekend.

Swalwell also faces a federal investigation by the Department of Homeland Security (DHS) regarding allegations that he and his wife, Brittany Watts Swalwell, employed a Brazilian nanny without lawful work authorization from January 2023 to February 2025. The U.S. Citizenship and Immigration Services (USCIS) referred this childcare case to DHS after reviewing a complaint filed by filmmaker Joel Gilbert, who alleged that he misused campaign funds to pay the nanny, Amanda Raissa Barbosa.

DHS posted on social media: “No one is above the law, including a member of Congress.”

A California District Attorney’s Office stated it is evaluating whether any criminal conduct occurred within Alameda County, where one of the alleged sexual assaults took place in 2019. Swalwell previously worked as a deputy district attorney in Alameda County before being elected to Congress.

Allegations detailed that Swalwell solicited oral sex from an unnamed former staffer and sent images of his genitals to her while she was working for him. The woman reported he sexually assaulted her twice after she had “blacked out.”

Over 50 former congressional staffers of the California Democratic Party issued a statement calling on Swalwell to resign from office and drop out of the California governor’s race, stating they were “appalled” by his sexual improprieties. “Justice is not optional. Accountability is not negotiable. We will not be silent,” the group declared.

Swalwell suspended his campaign for California governor but denied the serious allegations while acknowledging he has made “mistakes in judgment” in the past. He stated: “I will fight the serious, false allegations that have been made — but that’s my fight, not a campaign’s.”

Rep. Anna Paulina Luna (R-Fla.) urged Swalwell to step down on social media, declaring: “You broke House rules and are a predator. You have 24 hours to announce you are resigning.”

Congressional Democrats moved to expel Rep. Tony Gonzales (R-Texas), who is currently under investigation for sexual misconduct allegations. Rep. Luna stated both congressmen “are a disgrace” and emphasized: “This is the last chance for corrupt members of Congress to resign and keep some sliver of personal dignity. It is better to resign than to be expelled… but if THEY do NOT decide to do the right thing, we WILL vote to expel them.”