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There's nothing arbitrary or capricious here. You have a recorded instance of a lawyer threatening individuals with government action for having a conversation in a foreign language.
As a lawyer, his formal training teaches him that simply speaking a foreign language doesn't rise to the level of necessitating an ICE investigation. He also knows that if he believes a crime is being committed (such as the employment of illegal aliens) he should stop participating in that crime...meaning stop eating there.
So, it's very clear that this lawyer is either disregarding a known crime or running around and threatening people for no justifiable reason, ie harassment.
Looking into why he's doing those things isn't arbitrary since you have 2 potential ethics issues to discuss and it's not capricious since ethics issues are the sort of things disciplinary boards investigate.
Your interest in your license doesn't override the Bar's interest in protecting the reputation of the industry from bad actors.
I was talking about my scenario not the NY instance.