FALMOUTH, MASS. (WHDH) - The Brazilian immigrant who was taken into ICE custody Tuesday after allegedly knocking a “Make America Great Again” hat off of a man at a restaurant in Falmouth says she has a green card application pending and has filed a police report regarding threatening phone calls.
Rosiane Santos, 41, told 7News on Wednesday that she was released from custody after about four hours once the court realized she has pending green card applications. Santos says she has a parent who is American.
“She has applied appropriately, she hasn’t gotten on anybody’s radar,” said Drew Segadelli, a criminal defense attorney. “She’s on a waiting list, one might say.”
Bryton Turner, 23, told police that Santos messed with his “MAGA” hat a few times before he took out his phone and began recording at the restaurant.
Turner said Santos asked the bartender at Casa Vallarta to “poison this kid’s drink.”
Bartender Geo Macario told 7News the attack was unprovoked.
“They weren’t really saying anything to her,” he recalled. “All of a sudden, she got up and tried taking the hat off.”
Macario said he tried to calm the woman down, but she kept going.
“She went up to him and went to do it again, kind of hit him, so somebody called the cops,” he said. “They tried escorting her out, (and) when she was walking out she tried going after him again.”
Police said Santos told arresting officers that she was upset that Turner was wearing the hat in a Mexican restaurant.
Santos said she had a few mojitos that night and told 7News’ Jonathan Hall, “I did make a mistake. I now realize that…I’m sorry for that.”
Santos also said Turner, who was sitting at the bar with his friends, initiated the confrontation.
“He said Trump is going to build the wall and send us back home,” Santos said. “I was pissed, I was upset.”
Segadelli said Santos’ actions are not excusable.
“Does that justify it? It doesn’t. But one can see the smirk on his face, the levity and the particular amount of interest he took in pushing those buttons,” Segadelli. “That will be taken into consideration by the district attorney, I’m sure.”
Turner said he wants Santos prosecuted to the fullest extent of the law for her actions. He said he hopes to testify in that case.
As for Santos claim that Turner was the instigator, he said there were plenty of people at the restaurant, including the bartender, who will back him up.
(Copyright (c) 2026 Sunbeam Television. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)