Representative Eric Swalwell Faces Federal Investigation and Sexual Assault Allegations
DHS Launches Investigation Into Employment Practices
The Department of Homeland Security has initiated an investigation into allegations that California Representative Eric Swalwell employed a nanny who lacked proper work authorization in the United States. According to a statement released by U.S. Citizenship and Immigration Services on Sunday, the agency has been gathering information regarding claims that Congressman Swalwell hired a Brazilian national to care for his children without ensuring she had legal permission to work in the country. After collecting preliminary information, USCIS has transferred the case to DHS law enforcement officials for a comprehensive investigation. This development adds significant complications to Swalwell’s current campaign for California governor, where he has positioned himself as one of the leading candidates in the race.
The immigration-related allegations were first brought to public attention by The New York Post in a report published over the weekend. According to their investigation, Swalwell initially hired the nanny legally, but she continued working for the family after her work authorization permit expired in 2022. The situation became more complex because Swalwell was reportedly sponsoring the woman for a green card during this period. However, immigration law prohibits individuals from working while their green card applications are being processed unless they maintain valid work authorization. The Post reported that a permanent labor certification for the nanny was eventually approved in 2024, but the question remains whether she was legally permitted to work during the interim years. Representative Swalwell has not yet responded to requests for comment regarding these specific allegations, leaving many questions unanswered as the federal investigation moves forward.
Serious Sexual Assault Allegations Emerge
Beyond the immigration investigation, Representative Swalwell is facing even more serious allegations of sexual misconduct from a former staffer. The Manhattan District Attorney’s Office has confirmed that it has opened a criminal investigation into the California gubernatorial candidate following detailed accusations made by a woman who previously worked on his staff. These allegations were first published by the San Francisco Chronicle on Friday and have sent shockwaves through both California politics and the congressional community in Washington. The timing of these revelations has been particularly impactful, coming as Swalwell was gaining momentum in the gubernatorial race as a Democratic frontrunner.
The former staffer, whose identity has been protected in media reports, has made multiple allegations spanning several years. According to her account published in the Chronicle, the first incident occurred in September 2019 when she went out for drinks with Swalwell. She claims that she woke up naked in his hotel bed the following morning with little to no memory of what had transpired during the night. The woman also alleges that Swalwell engaged in a pattern of inappropriate behavior, including sending her sexually explicit photos of himself through Snapchat, requesting nude photographs from her, and making inappropriate sexual requests, including asking her to perform oral sex in a parking lot. These allegations paint a picture of what she describes as ongoing sexual harassment during her time working for the congressman.
The Most Serious Allegation and Supporting Evidence
The most serious allegation involves an incident that allegedly occurred in 2024, after the woman had left Swalwell’s employment. According to her account, she met the congressman for drinks in New York City following a charity gala event. She reports becoming heavily intoxicated during the evening and having only fragmented memories of what happened next. Among the memories she does retain, she claims that she repeatedly pushed Swalwell away and explicitly told him “no” while he allegedly forced himself on her sexually. The following morning, she discovered she was experiencing vaginal bleeding and had visible bruises on her body, which she interpreted as evidence of a violent sexual encounter.
The San Francisco Chronicle reported that they had reviewed text messages the woman sent to a friend just three days after this alleged incident occurred. In those messages, she explicitly wrote that she had been “sexually assaulted” by Swalwell. This contemporaneous communication to a third party is often considered significant evidence in sexual assault cases, as it demonstrates that the victim reported the incident shortly after it occurred rather than only coming forward years later. Legal experts note that such evidence can be crucial in establishing the credibility of allegations and demonstrating a consistent account of events. The Manhattan District Attorney’s decision to open a formal investigation suggests that prosecutors believe there is sufficient preliminary evidence to warrant a thorough examination of these claims.
Political Fallout and Calls for Suspension
The allegations against Swalwell have triggered immediate and significant political consequences. Several prominent House Democrats have publicly called on him to suspend his gubernatorial campaign while these investigations proceed. This represents a notable shift in how Democratic leadership has been handling allegations against members of their own party, particularly in the post-#MeToo era where there is increased pressure to take such accusations seriously regardless of political affiliation. The fact that fellow Democrats are distancing themselves from Swalwell suggests the severity with which these allegations are being viewed within the party.
Adding to the political pressure, Representative Anna Paulina Luna, a Florida Republican, has announced her intention to force a vote on the House floor to expel Swalwell from Congress entirely. Such expulsion votes are relatively rare and represent one of the most serious actions the House can take against one of its members. Congressional insiders suggest that this vote could occur as early as midweek, forcing all members of the House to go on record regarding whether they believe Swalwell should remain in Congress while these investigations continue. An expulsion requires a two-thirds majority vote, which is a high threshold, but the fact that such a vote is being pursued indicates the gravity of the situation. If expelled, Swalwell would be only the sixth member of Congress to face such consequences since the Civil War era.
Swalwell’s Response and the Road Ahead
Representative Swalwell has firmly denied all allegations of sexual misconduct, releasing a statement characterizing them as “false” and suggesting their timing is politically motivated. In his statement, he pointed out that these accusations emerged just as he was becoming the frontrunner in the California gubernatorial race, implying that they may be an attempt to derail his campaign. Swalwell emphasized his nearly twenty-year record of public service, both as a prosecutor before entering Congress and during his time as a representative, stating that he has “always protected women” throughout his career. His defenders have pointed to his legislative record on issues affecting women and his role on various congressional committees as evidence of his character.
However, Swalwell’s response strategy faces significant challenges as he now confronts two separate federal investigations—one by DHS regarding the employment practices involving his nanny, and another by the Manhattan District Attorney regarding the sexual assault allegations. The combination of these investigations presents a formidable obstacle to his gubernatorial ambitions, as voters and political observers will be watching closely to see how both matters unfold. The coming weeks will be critical for Swalwell’s political future as he attempts to maintain his campaign while cooperating with investigators and defending himself against serious allegations. Whether he can weather this storm or whether it will mark the end of his political career remains to be seen, but the situation represents one of the most significant political scandals involving a sitting member of Congress in recent years.
