Immigration Lawsuit ICE CBP: Your 2026 Legal Guide

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Lawsuits against ICE and CBP are surging in 2026 as courts confront a wave of claims tied to wrongful detention, excessive force, and deportation errors. The immigration lawsuit ICE CBP landscape right now involves hundreds of active cases in federal courts across the country, and individuals harmed by these agencies have real legal paths to compensation.

This guide breaks down everything you need to know. You’ll learn who qualifies to sue, what types of lawsuits exist, how much money people are recovering, and what deadlines you face.

One striking fact: the federal government paid out over $65 million in immigration-related tort claims in fiscal year 2024 alone, according to DHS reporting data. That number is expected to climb in 2026.

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Whether you were detained without cause, deported wrongfully, or hurt by border agents, this article walks you through your options step by step.

Immigration Lawsuit Against ICE and CBP: What You Need to Know in 2026

An immigration lawsuit against ICE or CBP is a legal claim filed in federal court alleging that one or both agencies violated someone’s constitutional rights, caused physical harm, or acted outside the law. These cases have grown sharply since 2023, with new filings hitting record levels in early 2026.

The lawsuits target a wide range of misconduct. Some challenge systemic policies, like mass detention without hearings. Others focus on individual incidents, like an agent using excessive force during an arrest.

What makes 2026 different is the legal environment. Several federal courts have issued rulings expanding who can bring claims against immigration agencies. At the same time, courts in other circuits have narrowed protections, creating a patchwork of outcomes depending on where your case is filed.

Most of these cases are filed by immigration attorneys or civil rights organizations. But individuals can bring claims too, regardless of immigration status. Federal courts have consistently held that constitutional protections apply to all people on U.S. soil, not only citizens.

The biggest challenge is the government’s built-in defenses. Sovereign immunity, qualified immunity, and the restrictions from the Supreme Court’s 2022 ruling in Egbert v. Boule all create hurdles. Still, claims are succeeding, and the numbers prove it.

Class Action Lawsuit Against ICE in 2026

Several class action lawsuits against ICE are active in 2026, targeting policies that affect large groups of detained immigrants at once. These cases allow hundreds or thousands of people to sue together when they’ve experienced the same type of harm.

One of the most watched cases involves detention conditions at facilities in Louisiana and Texas. Plaintiffs allege overcrowding, inadequate medical care, and lack of access to legal counsel. The class was certified in late 2025, meaning it’s now moving toward trial or settlement.

Another major class action challenges ICE’s use of ankle monitors and check-in appointments as traps. Plaintiffs argue agents used routine compliance visits to arrest and detain people without warrants.

Class actions work differently from individual lawsuits. You don’t usually need to file your own case. If you fall within the defined class, you’re automatically included unless you opt out.

• Class members are typically defined by location, time period, and type of harm
• Notices are sent to potential class members by mail or through legal aid organizations
• Settlements are divided among all class members, so individual payouts can be smaller
• Lead plaintiffs represent the whole group in court

The ACLU and National Immigration Law Center are leading several of these actions. Their resources give them the ability to challenge government policy at a scale individual plaintiffs can’t match.

If you were detained by ICE between 2023 and 2026 at a facility named in an active class action, you may already be part of the case without knowing it.

How to File a Lawsuit Against ICE

Filing a lawsuit against ICE starts with an administrative claim, not a courtroom filing. Under federal law, you must submit a written claim to the agency first and give them six months to respond before you can sue.

This is called the Federal Tort Claims Act (FTCA) process, and skipping it will get your case thrown out. Think of it like a mandatory waiting room before you can see the judge.

Here’s the step-by-step process:

The SF-95 form requires you to state the amount of damages you’re claiming. This number matters because you generally can’t ask for more later in court.

You don’t need to be a U.S. citizen to file. You don’t even need to be in the country. Claims can be filed from abroad if you were deported.

Getting legal help is strongly recommended. Immigration rights organizations often provide free or low-cost legal representation for these claims. The process has strict deadlines, and missing one by even a day can permanently bar your case.

Key Takeaway: Every lawsuit against ICE must begin with an administrative claim filed within two years, and missing this deadline kills your case before it starts.

ICE Lawsuit Eligibility Requirements

You may be eligible to sue ICE if you suffered harm due to the agency’s actions and can prove the harm was caused by negligence, wrongful conduct, or a constitutional violation. Eligibility does not depend on your citizenship or immigration status.

The core question is simple: did ICE do something wrong, and did it hurt you?

Here’s what qualifies:

• Wrongful detention: You were held without a valid warrant or beyond legal time limits
• Medical neglect: You were denied medical care while in ICE custody
• Physical abuse: An ICE officer used excessive or unnecessary force
• Wrongful deportation: You were removed from the U.S. despite having a legal right to stay
• Property destruction: ICE seized or destroyed your belongings during a raid
• Due process violations: You were denied a hearing or access to an attorney

There are situations where eligibility gets complicated. If you were subject to expedited removal at the border, your options may be more limited. Courts have generally given the government more leeway in border enforcement than interior enforcement.

Children and families separated during enforcement actions have strong claims. Courts have viewed family separation cases with particular scrutiny since 2018.

If you’re unsure whether you qualify, civil rights organizations like the ACLU and NILC offer screening tools and intake processes specifically for ICE misconduct cases.

Immigration Lawsuit Settlement Amounts

Settlement amounts in immigration lawsuits against ICE and CBP vary enormously, ranging from a few thousand dollars to multi-million dollar payouts depending on the severity of harm. There’s no standard amount, but patterns have emerged from resolved cases.

For wrongful detention lasting days to weeks, settlements typically fall between $10,000 and $100,000. Cases involving serious physical injury or death in custody have settled for $1 million to $10 million or more.

Here are real examples from recent years:

Class action settlements tend to produce smaller per-person payouts. When a $10 million settlement is split among 2,000 class members, each person might receive $5,000 or less.

Individual lawsuits with strong evidence of severe harm produce the largest recoveries. Cases where someone died in ICE custody while being denied medical care have resulted in the biggest settlements on record.

The government often prefers settling to going to trial. A trial creates public records, media attention, and the risk of a jury awarding even more. That preference for quiet resolution can work in a claimant’s favor during negotiations.

Wrongful Deportation Compensation

Wrongful deportation compensation is available to people who were removed from the United States in violation of their legal rights, and some of these cases have resulted in payouts exceeding $1 million. U.S. citizens who were mistakenly deported have the strongest claims.

This isn’t as rare as you might think. Reports have documented hundreds of cases where American citizens were deported by ICE after the agency failed to verify their status. In 2025, high-profile cases emerged involving citizens deported to countries they’d never visited.

The compensation covers multiple categories of harm:

• Lost wages and employment
• Emotional distress and psychological trauma
• Physical harm suffered in a foreign country
• Cost of returning to the United States
• Separation from family members
• Loss of property and housing

To win compensation, you need to show that ICE or CBP acted negligently or violated your due process rights. If you had a valid visa, green card, or citizenship, and the agency deported you anyway, that’s strong evidence of wrongful conduct.

The legal route typically starts with an FTCA claim. Some wrongful deportation cases also include constitutional claims under the Fifth Amendment’s due process clause.

Deadlines matter enormously here. The two-year clock for filing your administrative claim starts from the date of deportation. If you were deported and are now outside the country, you can still file, but getting legal representation from abroad adds complexity.

Key Takeaway: Wrongful deportation cases, especially those involving U.S. citizens removed by mistake, carry some of the highest compensation potential of any claim against ICE.

Suing ICE for Wrongful Detention

You can sue ICE for wrongful detention if you were held without legal authority, kept past your release date, or detained based on incorrect information. These cases make up the largest category of individual lawsuits against the agency.

Wrongful detention happens in several ways. Sometimes ICE issues a detainer to a local jail, and the jail holds someone for days past their release date. Other times, ICE arrests someone at a check-in appointment despite no criminal charges. In some cases, people with valid legal status are swept up in raids and held for weeks.

The legal standard is whether the detention violated the Fourth Amendment’s protection against unreasonable seizure. Courts have ruled that holding someone without probable cause or a valid warrant violates this protection.

Proving your case requires documentation. Jail records, ICE detainer forms, release dates, and any communication from attorneys or bondsmen all serve as evidence.

One important detail: ICE detainers are requests, not judicial warrants. Many courts have ruled that local jails violate the Fourth Amendment when they honor these requests and hold people past their scheduled release. This distinction has opened the door to lawsuits against both ICE and local law enforcement.

If you were detained wrongfully, you may be able to sue ICE, the local jail, or both.

ICE Deportation Lawsuit 2026

ICE deportation lawsuits in 2026 are focused on challenging removals that happened without proper hearings, notice, or legal representation. Several federal courts have issued injunctions blocking specific deportation actions this year.

The biggest legal battles in 2026 center on expedited removals. ICE has expanded the use of expedited removal, which allows deportation without a full immigration court hearing. Advocacy groups argue this process violates due process, especially when applied to people who have lived in the U.S. for years.

Courts are split on this issue. Some circuits have allowed challenges to proceed. Others have sided with the government, citing broad executive authority over immigration enforcement.

Key 2026 deportation lawsuit developments:

• Federal judges in California, New York, and Illinois have blocked specific removal orders
• The Ninth Circuit is hearing consolidated appeals on expedited removal authority
• Lawsuits challenging deportation flights to third countries are pending in multiple courts
• Cases involving deported asylum seekers are gaining traction under international law arguments

One major 2026 case involves individuals deported to countries where they face persecution. Plaintiffs argue that ICE failed to follow its own procedures for assessing fear of return, a requirement under both U.S. and international law.

If you or a family member was deported in 2025 or 2026, legal options may still exist. Courts have ordered people brought back to the U.S. in cases where deportation orders were found to be unlawful.

The window for challenging a deportation is narrow. Acting quickly is essential.

Key Takeaway: Deportation lawsuits in 2026 are testing the limits of government removal authority, and several federal courts have sided with plaintiffs challenging removals done without proper process.

CBP Civil Rights Violation Lawsuit

A CBP civil rights violation lawsuit alleges that Border Patrol or customs officers violated someone’s constitutional rights during enforcement actions, including illegal searches, racial profiling, and denial of medical care. These claims are filed under federal civil rights statutes and the Constitution.

CBP officers interact with millions of people annually at borders, ports of entry, and interior checkpoints. The sheer volume of encounters means misconduct happens regularly, but proving it in court requires clearing several legal hurdles.

The most common civil rights claims against CBP include:

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• Racial or ethnic profiling during stops and searches
• Warrantless searches of electronic devices at the border
• Denial of entry to U.S. citizens or lawful residents based on national origin
• Verbal abuse, threats, or intimidation during encounters
• Failure to provide interpreters or language access
• Confiscation of property without documentation

One significant barrier is the border search exception. Courts have long held that CBP has broader search authority at the border than police have inland. This means some searches that would be illegal if conducted by a local officer are legal when performed by CBP at a port of entry.

Despite these challenges, successful cases exist. In 2024 and 2025, courts awarded damages in several CBP profiling cases, particularly at interior checkpoints far from the border.

ICE Detention Conditions Lawsuit

Lawsuits challenging ICE detention conditions allege that facilities fail to meet basic standards for health, safety, and humane treatment. Multiple active cases in 2026 target specific detention centers for overcrowding, contaminated water, lack of medical care, and exposure to infectious disease.

The conditions in ICE detention have been documented by the DHS Office of Inspector General, congressional investigators, and independent monitors. Their reports describe facilities where people sleep on concrete floors, wait weeks for medical appointments, and lack access to clean drinking water.

Major detention condition issues cited in lawsuits:

• Overcrowding beyond facility capacity
• Inadequate ventilation and temperature control
• Spoiled or nutritionally deficient food
• Delayed or denied mental health treatment
• Lack of access to legal materials and attorneys
• Use of solitary confinement as punishment
• Exposure to COVID-19 and other infectious diseases

These cases are typically brought as class actions because the conditions affect everyone in the facility. Courts have the power to order immediate changes, appoint monitors, and even shut down facilities.

In 2025, a federal judge ordered an ICE detention center in Georgia to make immediate improvements after finding conditions violated the Constitution. The ruling included a requirement for independent medical monitoring.

If you were held in an ICE facility and experienced dangerous or inhumane conditions, you may be part of an existing class action or have grounds for an individual claim.

CBP Use of Force Lawsuit

CBP use of force lawsuits address incidents where Border Patrol agents or customs officers used physical force, weapons, or tactics that exceeded what the situation required. These cases include shootings, beatings, dog attacks, vehicle ramming, and use of pepper spray or tasers on compliant individuals.

Use of force by CBP has been a flashpoint issue for years. The agency adopted a revised use of force policy in 2014, but critics say enforcement of those policies has been weak. Internal investigations rarely result in discipline, which pushes victims toward the courts.

Key facts about CBP use of force:

• CBP officers were involved in over 900 use of force incidents in fiscal year 2024
• Shootings by Border Patrol agents have killed dozens of people, including individuals on the Mexican side of the border
• The Supreme Court’s ruling in Egbert v. Boule (2022) made it harder to sue individual agents under the Bivens doctrine
• FTCA claims against the government remain viable even after Egbert

The Egbert decision is the elephant in the room. Before 2022, people could sue individual CBP agents for constitutional violations under the Bivens framework. The Supreme Court effectively closed that door for most immigration-related claims. Now, the primary legal route is the FTCA, which targets the government as an entity rather than the individual officer.

Families of people killed by CBP have filed wrongful death lawsuits that settled for millions. Living victims of excessive force have recovered significant damages for physical injuries, PTSD, and lasting disability.

Key Takeaway: After the Supreme Court’s Egbert decision, suing individual CBP agents is extremely difficult, but FTCA claims against the government for use of force remain a viable path to compensation.

Federal Tort Claims Act: Suing ICE and CBP

The Federal Tort Claims Act is the main legal tool for suing the U.S. government, including ICE and CBP, for negligent or wrongful actions by federal employees. It waives the government’s sovereign immunity in specific circumstances, meaning it allows lawsuits that would otherwise be blocked.

Without the FTCA, you simply cannot sue the federal government. The default rule in American law is that the government is immune from lawsuits. The FTCA created exceptions for situations where a federal employee acts negligently within the scope of their job.

How the FTCA works for immigration cases:

There’s a critical exception called the intentional tort exception. The FTCA generally does not cover intentional acts like assault or battery. However, Congress carved out a specific exception for law enforcement officers, including ICE and CBP agents. This means you CAN sue under the FTCA when an immigration agent intentionally assaults, batters, falsely imprisons, or falsely arrests you.

This law enforcement exception is what makes most ICE and CBP excessive force and wrongful detention cases possible under the FTCA.

The administrative claim process can feel slow and frustrating. The agency has six months to investigate and respond. In practice, agencies often ignore claims entirely, which counts as a denial and opens the door to filing a lawsuit.

Bivens Action Against CBP Officers

A Bivens action is a type of lawsuit that allows individuals to sue federal officers personally for violating constitutional rights. Named after the 1971 Supreme Court case Bivens v. Six Unknown Named Agents, it was once a powerful tool for holding border agents accountable. In 2026, it’s hanging by a thread.

The Supreme Court has systematically narrowed Bivens over the past decade. The 2022 decision in Egbert v. Boule was devastating for immigration-related Bivens claims. The Court ruled that courts should almost never extend Bivens to new contexts, and immigration enforcement is considered a “new context.”

What this means in practice:

• Bivens claims against CBP agents for excessive force at the border are now extremely difficult to win
• Courts have dismissed Bivens claims in immigration contexts at record rates since Egbert
• The First, Fourth, and Fifth Amendment claims that once worked are now being rejected
• Only Fourth Amendment claims in very traditional policing contexts may still survive

Despite these restrictions, some Bivens claims survive. Cases that closely mirror the original 1971 fact pattern, a warrantless arrest by federal agents in a domestic setting, may still proceed. The key is whether the court views your case as falling within an “established” Bivens context or a “new” one.

If a Bivens claim isn’t viable, the FTCA is usually the fallback. The two legal tools serve different purposes: Bivens targets the officer personally, while the FTCA targets the government. Losing access to Bivens means you can’t hold the individual agent financially responsible, only the agency.

Key Takeaway: The Bivens doctrine is nearly dead for immigration cases after the Supreme Court’s Egbert ruling, making the FTCA the primary legal weapon against ICE and CBP misconduct in 2026.

ICE Wrongful Arrest Lawsuit

An ICE wrongful arrest lawsuit challenges an arrest made without probable cause, a valid warrant, or proper legal authority. These cases are among the most straightforward to prove because the evidence is often documented in ICE’s own paperwork.

Wrongful arrests by ICE happen in several common scenarios:

• Arresting someone based on a name match without verifying identity
• Conducting warrantless arrests inside homes
• Arresting people at courthouses, hospitals, or schools in violation of sensitive locations policies
• Using administrative warrants (signed by ICE, not a judge) to enter private property
• Arresting U.S. citizens or lawful permanent residents by mistake

The distinction between a judicial warrant and an administrative warrant is key. ICE frequently uses administrative warrants, also called “Form I-200” warrants, which are signed by ICE supervisors, not judges. These warrants do not carry the same legal weight as judicial warrants, and they do not authorize ICE to enter a home without consent.

If ICE entered your home using only an administrative warrant and you did not consent to entry, the arrest may be unlawful. This is a common basis for wrongful arrest claims.

Damages in these cases include compensation for time spent detained, emotional distress, lost wages, and in some cases, punitive damages if the conduct was particularly egregious.

Documentation is everything. If you have a copy of the warrant used, any video or audio of the arrest, or witness statements, preserve them immediately. This evidence can make or break your case.

CBP Border Patrol Excessive Force

CBP Border Patrol excessive force refers to incidents where agents use physical violence, weapons, or aggressive tactics beyond what is reasonably necessary. These cases range from rough handling during arrests to fatal shootings, and they are among the most serious claims filed against the agency.

Between 2010 and 2025, Border Patrol agents were involved in dozens of fatal shootings. Many victims were on the Mexican side of the border when shot, raising complex jurisdictional questions. Others were unarmed individuals running from agents on U.S. soil.

Common excessive force scenarios in CBP cases:

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• Shooting at rock throwers near the border
• Vehicular pursuits ending in crashes that injure or kill suspects
• Physical beatings during arrests
• Use of tasers on restrained or compliant individuals
• K-9 attacks without verbal warnings
• Running over individuals with ATVs or trucks

The legal standard is “objective reasonableness.” Courts ask whether a reasonable officer in the same situation would have used the same level of force. Factors include the severity of the suspected crime, whether the person posed an immediate threat, and whether they were actively resisting.

After the Egbert ruling, suing individual agents is tough. But FTCA claims against the government for excessive force by CBP remain available. Families of people killed by agents have used this path to win settlements exceeding $5 million.

Habeas Corpus in Immigration Detention

A habeas corpus petition is a legal filing that asks a court to review whether someone is being lawfully detained. In immigration cases, it’s the fastest way to challenge detention and seek release from ICE custody.

The right to habeas corpus is one of the oldest legal protections in the English-speaking world. It’s written into the U.S. Constitution, and it applies to everyone held by the government, regardless of citizenship status.

When habeas corpus is used in immigration cases:

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• Challenging detention without a bond hearing
• Arguing that detention has gone on too long without resolution
• Contesting the legality of a removal order
• Seeking release when deportation to the home country is not possible
• Challenging expedited removal orders in limited circumstances

The Supreme Court has confirmed that immigration detainees have habeas rights. In cases where someone has been detained for months without a hearing, courts have ordered release, sometimes within days of a petition being filed.

Speed is the biggest advantage. While a full lawsuit can take years, habeas petitions can produce results in weeks. They’re not about money; they’re about freedom. If someone is currently detained by ICE, habeas is usually the first legal action to consider.

One limitation: habeas petitions cannot directly lead to monetary compensation. They address only the lawfulness of detention. For damages, you need a separate FTCA or Bivens claim.

Key Takeaway: Habeas corpus is the fastest legal tool for getting someone out of ICE detention, but it only addresses the legality of being held; separate claims are needed for money damages.

ICE Lawsuit Filing Deadline 2026

The most important deadline for filing a lawsuit against ICE is the two-year statute of limitations under the Federal Tort Claims Act. If you don’t file your administrative claim within two years of the incident, you lose your right to sue permanently.

This deadline is absolute. Courts have almost no flexibility to extend it, even in sympathetic cases. If you were harmed by ICE on June 1, 2024, your administrative claim must be filed by June 1, 2026 at the latest.

Here’s how the timeline works:

There are a few nuances. If you were deported and couldn’t file from abroad, some courts have considered “equitable tolling,” pausing the deadline due to extraordinary circumstances. But don’t count on it. Courts grant tolling rarely and reluctantly.

For minors, the deadline may be extended. Children generally have until two years after turning 18 to file claims, depending on the jurisdiction.

The single most common reason immigration claims fail is missing the deadline. By the time many people learn they have legal options, years have passed. If you think you might have a claim, checking the timeline should be your first step.

Calendar the date. Set an alarm. Tell your attorney. This deadline does not bend.

Immigration Detention and Civil Rights

Immigration detainees have civil rights under the U.S. Constitution, and violations of those rights form the basis for thousands of lawsuits filed each year. The rights of detained immigrants are grounded in the Fifth and Fourteenth Amendments, not just federal statutes.

One common misunderstanding: people assume that noncitizens in detention have no constitutional protections. That’s wrong. The Supreme Court has repeatedly held that the Due Process Clause protects all “persons” on U.S. soil, not only citizens.

Rights of immigration detainees established by courts:

• Right to be free from excessive force
• Right to adequate medical and mental health care
• Right to humane conditions of confinement
• Right to access the courts and legal materials
• Right to be free from punishment (immigration detention is civil, not criminal)
• Right to a bond hearing after prolonged detention
• Right to communicate with family and attorneys

The distinction between civil and criminal detention is important. Immigration detention is supposed to be civil, meaning it exists only to ensure someone shows up for proceedings or is available for removal. It’s not supposed to be punitive. When conditions become punitive, they violate the Constitution.

In 2026, ongoing litigation continues to challenge ICE’s treatment of detained individuals. Advocacy organizations monitor conditions and file complaints that can lead to both administrative investigations and lawsuits.

If your rights were violated during immigration detention, the evidence trail often exists in the facility’s own records: medical requests, grievance forms, incident reports, and surveillance footage.

Key Takeaway: Immigration detainees hold constitutional rights that courts have upheld repeatedly, and violations of those rights in ICE facilities are the foundation for many successful lawsuits in 2026.

Frequently Asked Questions

Can undocumented immigrants sue ICE or CBP in federal court?

Yes, undocumented immigrants can sue ICE or CBP in federal court.

The Constitution protects all persons on U.S. soil, not just citizens.

Courts have allowed undocumented plaintiffs to bring FTCA claims, habeas petitions, and even some constitutional claims regardless of immigration status.

How long do I have to file a lawsuit against ICE?

You have two years from the date of the incident to file an administrative claim under the Federal Tort Claims Act.

After the agency denies your claim, you have six months to file a lawsuit in federal court.

Missing either deadline permanently bars your case.

What is the average settlement for an ICE wrongful detention case?

Settlements for wrongful detention by ICE typically range from $10,000 to $500,000, depending on how long you were held and the severity of harm.

Cases involving weeks or months of unlawful detention with documented physical or psychological harm settle at the higher end.

Class action settlements may produce smaller individual payouts.

Can I sue a CBP officer personally for excessive force?

Suing a CBP officer personally is extremely difficult after the Supreme Court’s 2022 Egbert v. Boule ruling.

The Court severely limited Bivens claims in the immigration enforcement context.

Your best option in 2026 is filing an FTCA claim against the government itself rather than the individual officer.

Do I need a lawyer to file a claim against ICE or CBP?

You are not legally required to have a lawyer, but the process is complex and deadlines are strict.

Civil rights organizations like the ACLU and NILC offer free or reduced-cost legal help for immigration misconduct cases.

Having legal representation significantly improves your chances of a successful outcome.

What to Do Right Now

If ICE or CBP harmed you or someone in your family, the clock is already ticking on your right to take legal action. Don’t wait for someone to come to you.

Start by writing down every detail you remember: dates, locations, officer descriptions, and what happened. Gather any documents, photos, or medical records connected to the incident.

Reach out to a civil rights or immigration legal organization to discuss your options. The two-year filing window moves faster than most people expect, and early action gives you the strongest possible position.

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