Loloahi Tapui, 27, and a man thought to be her husband were arrested over suspected immigration offences last night, sources said.
Baroness Scotland apologised and was fined £5,000 after being found to have unknowingly employed Ms Tapui for five years despite the Tongan national not being eligible to work in the UK.
Gordon Brown backed the government's top legal adviser, saying she acted in 'good faith' but her parliamentary private secretary Stephen Hesford MP resigned over her decision not to quit.
The episode was especially embarrassing for Baroness Scotland, who in her former role as Home Office minister helped push the relevant immigration laws through the Commons.
inthenews.co.uk understands that Ms Tapui and her husband were arrested at their west London home last night. They are thought to have been released on bail until next month.
A UK Border Agency statement said: 'We can confirm that a woman and a man were arrested and questioned by UK Border Agency officers on September 23rd for immigration offences in relation to an ongoing investigation.'
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