FALMOUTH, Mass. (AP) — A woman who grabbed a "Make America Great Again" hat off a man's head in a Massachusetts restaurant faces deportation, but her immigration lawyer says she is in the U.S. legally.

Rosiane Santos was charged with assault and battery for grabbing Bryton Turner's hat bearing President Donald Trump's campaign slogan in a Falmouth restaurant Feb. 15. She pleaded not guilty.

Turner recorded the encounter and posted it online.

The 41-year-old Santos was taken into custody Tuesday by Immigration and Customs Enforcement and released pending removal proceedings. ICE says the Brazil native is in the U.S. illegally.

Immigration attorney Katarina Kozakova says Santos married a U.S. citizen and has applied for a green card.

Turner says that he "never would've assumed she was illegal" and that "now she has to suffer the consequences."