Target Audience
The Ends-Means-Process (EMP) model is a tool mainly for use by attorneys and legal providers to help identify human trafficking and develop the legal theory of their client’s case. However, other providers may use this tool to help identify potential trafficking victimization. If you are not an attorney or legal provider with attorney-client privilege, be mindful of how much information you need to collect in order to provide your services. For more information on privilege and confidentiality issues for social service providers, review our free course Privilege and Confidentiality for Social Service Providers.
Level of Involvement
Much of the terminology used in the EMP model is defined in the Trafficking Victims Protection Act under 22 USC § 7102. To use this model effectively, we strongly recommend completing additional training on the legal definition of trafficking if you haven’t already. CAST’s free e-learning courses provide in-depth training on this definition and are accessible here:
Prior to Using this Toolkit
Use the EMP model only after an initial intake or interview with your client and once you have relevant facts for analysis. This process should be completed independently, not with the survivor present, as you may need to schedule follow-up interviews to gather additional information.
What is the EMP Model and Why Should I Use It?
The EMP model helps attorneys and other providers assess whether a client is a victim of a severe form of trafficking in persons as defined in statute and regulations.
While many advocates are familiar with red flag indicators or checklists for identifying trafficking, over-reliance on these tools can lead to misidentification and increased denials of certain cases. The EMP model was created to help minimize case denials based on severe form of trafficking in persons. This model helps clearly identify the facts legally relevant to the trafficking victimization and also helps identify any gaps in the facts so that attorneys can conduct a second client interview with a tailored focus.
This tool also aids attorneys in developing a legal theory for the case, establishing a framework before casework begins.
Download the EMP Model Worksheet
How Do I Use It?
In creating the EMP model, CAST’s Training and Technical Assistance team reversed the traditional Action-Means-Purpose/Process-Means-Ends model to focus on the actions taken by the perpetrator to place the victim in situations of involuntary servitude, debt bondage, peonage, slavery, and/or sex trafficking.
Step-by-Step Instructions:
To complete the EMP model, follow these steps for each section: "Ends," "Means," and "Process." Each section has larger boxes for sorting the facts of the case and checkboxes below for identifying how the facts align with specific legal definitions.
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Ends
- Sorting Facts (Questions 1a-1c): In the larger boxes, sort facts that relate to the type of work or services the client was required to perform.
- Selecting the Potential Type of Trafficking (Question 2): After sorting, use the checkboxes below to select the potential type of trafficking that best matches the services the client performed (e.g., involuntary servitude, debt bondage, commercial sex act, etc.).
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Means
- Sorting Facts (Questions 3a-3b): In the larger boxes, organize the facts related to actions taken by the perpetrator to control the client. Focus on specific actions that directly caused the client to perform the work.
- Identifying Control Methods (Question 4): Use the checkboxes to identify if the actions fall under force, fraud, or coercion. Remember, fraud alone may not meet the legal definition for involuntary servitude or peonage.
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Process
- Sorting Facts (Question 5): In this section, sort facts regarding the methods the perpetrator used to place the client in this situation.
- Selecting the Process Type (Question 6): Use the checkboxes to select the process elements that align with the facts you've organized.
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Summarize the Legal Theory
- Summarizing (Question 7): Use the "summarize" box to create a concise summary of the legal theory based on your answers in the previous questions. A fill-in-the-blank template is provided in the worksheet to guide you in structuring a clear legal argument for visa applications or motions.
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Developing Follow-Up Questions
- Addressing Gaps in the Case: If, through sorting the facts, you find that you cannot check off any box with certainty, a second page is provided to develop follow-up questions for your client. The worksheet organizes these questions under the categories of Ends, Means, and Process. Use these questions to fill gaps in the legal theory and gather additional information that may strengthen your case. We have included a few sample questions to help get you started.
This structured approach ensures that your case theory connects the client’s experiences to statutory trafficking elements, facilitating a stronger legal position.
Additional Analysis Tips
- Avoid speculating on facts or fitting them into specific categories if they don’t clearly align. If you can’t confidently check off a box or are unsure of a fact’s relevance, use the question boxes on the second page to develop follow-up questions for your client.
- Multiple Perpetrators: If there are multiple potential perpetrators (e.g., recruiter, lender, employer), try to determine which one is compelling the victim to perform services. If unsure, work through the EMP model with one actor at a time, completing the worksheet for each.
- Analyzing human trafficking cases becomes easier with experience. With time, the EMP model will become more intuitive.
Download a Sample List of Interview Questions for Attorneys
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