Claims That ICE Agents Were 'Just Following Orders' Won't Save Them From Liability

[Jim Lane]

14. The linked article is talking about civil suits by the victims, not criminal prosecutions

The affected families wouldn't need the DoJ's permission, nor would their case depend on the Democrats' taking one house of Congress (although Congressional investigations could certainly help the plaintiffs prove their case).

There are circumstances under which individual federal officers can be required to pay money damages to people whose rights they have violated. The big problem would be that the Trump-ized judiciary, notably the Supreme Court but also many lower courts, would interpret that well-established principle narrowly, or perhaps even overrule it entirely.