Wisconsin already doesn’t allow immigrants without legal authorization to apply to BadgerCare. There are two programs, Medicaid Emergency Services and BadgerCare Plus Prenatal Plan, that will provide coverage for those without legal status. (Photo by Thomas Barwick/Getty Images)

A Republican bill that seeks to stop Wisconsin from using public funds to support health services for immigrants who lack legal authorization to reside in the U.S. is poised to advance on Tuesday. 

The bill — AB 308 — would prohibit state, county, village, long-term care district and federal funds from being used to subsidize, reimburse or provide compensation for any health care services for a person not lawfully in the U.S.

It is the latest bill that Republican lawmakers have introduced targeting immigrants. Another bill introduced and passed earlier this year seeks to require local law enforcement officers to cooperate with Immigration and Customs Enforcement. 

The bill is coauthored by Rep. Alex Dallman (R-Markesan) and Sen. Van Wanggaard (R-Racine) and currently has 25 other Republican cosponsors. No Democrats are signed onto the bill. 

During the bill hearing last week, Dallman focused mostly on Wisconsin’s Medicaid program, BadgerCare, arguing that he wants to prevent the state from ever taking steps similar to Minnesota and other states that expanded their Medicaid programs to cover immigrants who lack legal status. Wisconsin already doesn’t allow immigrants without legal authorization to apply to BadgerCare.

In 2023, Minnesota expanded its Medicaid program to cover residents without citizenship or legal residency status, but that was repealed after Republicans threatened a government shutdown to force Democrats to eliminate the expansion. 

The cost estimate for the program was nearly $200 million, Dallman noted.

“These are enormous price tags for individuals who are not here lawfully. This condition should not be the case here in Wisconsin with a state budget that is currently already very lean,” Dallman said. “We must prioritize our citizens over those who are here unlawfully. While Wisconsin currently does not allow undocumented immigrants to enroll in BadgerCare, this bill preemptively… ensures that Wisconsin does not become like Minnesota or Illinois.”

Dallman noted that the bill includes a carve out to ensure that it won’t lose Wisconsin money or put it out of step with federal law.

According to the Legislative Fiscal Bureau summary, the prohibitions in the bill would not apply to the extent that a payment is required under federal law or the application of the prohibitions would result in the loss of any federal funds.

“This bill is not about immigration,” Dallman said, but it is about “protecting our constituents and their hard-earned tax dollars that they send into our state.”

In written testimony, Wanggaard said the bill would extend the current restrictions to “all other health services paid for by the State of Wisconsin.” Wanggaard, who did not attend the public hearing, wrote that the bill would ensure Wisconsin “is not the next test dummy extending health benefits to illegal aliens.”

Democrats and advocates said they are concerned about the sweeping effects the bill could have on all Wisconsinites. 

William Parke-Sutherland, government affairs director at Kids Forward, said the bill would be unworkable as law and would affect every health care provider in the state.

“This bill is entirely short sighted, and nobody has thought about how this would create a state in which we do not want to live,” Parke-Sutherland said. “If a child is at the school and is sick, does the school nurse need to figure out how to verify their status before they provide any degree of care?… I just don’t think that people have thought through the consequences of us in Wisconsin having to live in a situation where we all need to carry our papers.” 

Parke-Sutherland noted that there are already strict citizenship requirements people need to meet to enroll in nearly all Medicaid programs.

The Wisconsin Department of Health Services (DHS) outlines the restrictions on its website as well as  two programs available to noncitizens. One is Medicaid Emergency Services, which provides short-term medical coverage for people who have a medical emergency and aren’t eligible for BadgerCare Plus or Wisconsin Medicaid, and the other is BadgerCare Plus Prenatal Plan, which provides health care coverage for pregnant mothers who are not eligible for BadgerCare Plus due to immigration status or being in prison or jail.

“This is trying to solve a problem that doesn’t exist, and it’s creating way, way, way more problems,” Parke-Sutherland said. “If you are creating a situation where you’re prohibiting funding for services for people who are unlawfully present, then you are creating a need for people to verify their status in order to receive health care.” 

In a fiscal analysis, the Department of Corrections said it is concerned the bill could violate the 8th Amendment. A 1976 Supreme Court decision in Estelle v. Gamble established that the deliberate failure to deal with an inmate’s medical needs constitutes cruel and unusual punishment. 

Wanggaard refuted the analysis in written testimony, saying the bill language means it would only apply to state programs that require enrollment. 

“It does not mean that, for example, an illegal immigrant in the state prison system could not receive health care services from DOC,” Wanggaard said. 

The language of the bill, however, says that “no funds of this state or of any county, village, town, or long-term care district… and no federal funds passing through the state treasury shall be authorized for or paid to any person to subsidize, reimburse, or otherwise provide compensation for any health care services for an individual who is not lawfully present in the United States.”

Rep. Karen Kirsch (D-Greenfield) said her Republican colleagues are taking a page from President Donald Trump and his administration by downplaying the effect of the bill. 

“They’re watching how Trump handles things,” Kirsch said. “They’re pushing the envelope on every interpretation of every word and every piece of legislation to go target people, to go after people… They’re watching how he handles things, and I think that they’re mimicking that at the state. They’re trying to make it sound like, ‘Well, this is all so reasonable. This is not a big deal. Don’t worry about it.’ And then if it passes, then we’re going to see it’s way… way worse.”

Kirsch said she is concerned about the potential “chilling effect” that the bill could have, discouraging individuals and families from seeking care when they need it. 

“[Republicans are] trying to raise this to the public consciousness, and then people are going to be confused,” Kirsch said. “‘Is this a way that they’re going to find me, if I’m an undocumented person?… Even if I do qualify for care, maybe something’s going to happen to me?’ It can have this overall chilling effect of confusion of whether or not people feel safe enough to get care.”

Kirsch took issue with the argument that the bill would protect taxpayers’ money. 

“When they do have access to health care, that also keeps our health care prices down because they’re not showing up in our emergency rooms, they’re doing preventative care, they’re taking care of their diabetes, and they’re not showing up with some serious diabetes complication in our emergency room,” Kirsch said. 

Kirsch also noted that undocumented immigrants pay sales tax and contribute to the state’s economy. She referenced a 2024 report from the University of Wisconsin School for Workers that found that undocumented immigrants specifically contributed $240 million in state and local taxes in 2022.

According to the Wisconsin Lobbying website, the American Civil Liberties Union of Wisconsin, Inc., Kids Forward, the Wisconsin chapter of the National Association of Social Workers, the Wisconsin Association of School Nurses and the Wisconsin Council of Churches are registered against the bill. The only group registered in favor is FGA Action, a Florida-based nonprofit that advocates for conservative policies in statehouses around the country.

David Gwidt, Deputy Communications Director for the ACLU of Wisconsin, said in a statement to the Examiner that the legislation if enacted “could result in absurd circumstances for medical and mental health providers across the state and exacerbate this fear and uncertainty experienced by our immigrant neighbors.” 

The Assembly State Affairs Committee plans to vote on whether to advance the legislation Tuesday, setting it up for a floor vote later this week.