The woman complained that a man at Caldwell Woods in the Cook County Forest Preserves was questioning her citizenship and telling her she shouldn't be wearing the shirt.
Foley said Timothy Trybus faces two counts of felony hate crime, which are enhancements on the charges of misdemeanor assault and misdemeanor disorderly conduct he was previously charged with.
He was arrested by Cook County Forest Preserve District Police and is expected to be held before a bond hearing on Friday.
Irizarry said she received an apology from the forest preserve shortly after she posted the video.
Almost half of Americans are unaware that Puerto Ricans are United States citizens, according to polling taken after the island was rocked by a hurricane last September.
"I am appalled, shocked & disturbed by the officer's behavior", Rosselló tweeted. 'I told him I felt uncomfortable multiple times and he did not do anything'.
The video elicited strong reactions and there have been calls for the officer in the video be fired.
For several minutes the man berates Irizarry and at one point stands a few inches from her.
"You should not be wearing that in the United States of America", the man can be heard saying to her on a video she posted on Facebook.
More police arrive and Irizarry says she still doesn't feel safe.
Irizarry filmed the video about a month ago, but it has gained recent traction and since been watched more than a million times.
"OK, OK", Ms Irizarry says, trying to placate him.
There was also a comment at the end "Why don't you and your people go back where you came from".
But the officer continues to do nothing or even move closer to Irizzary as the man continues to approach her.
"If the investigation confirms the officer did not take appropriate steps to ensure public safety, disciplinary action will be swift", Forest Preserves spokeswoman Stacina Stagner told ABC News via email earlier this week.
Quick aside and history lesson: Puerto Ricans are indeed US citizens.
The island of Puerto Rico is a United States territory.
On Twitter, he said: "We can not allow those who do not understand America's greatness to terrorize people due to their background".